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1024781

	registered interest
	date	13/12/2018
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Immigration: EU Nationals
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, with reference to Immigration Rules Appendix EU paragraph 15(c), and pursuant to the Answer of 19 November 2018 to Question 192820, what evidence of exercise of Treaty rights his Department requires for eligibility under the settled status scheme.
	tabling member constituency	Sheffield Central
	tabling member printed	Paul Blomfield
	uin	202078
	answer	answer is ministerial correction date of answer 18/12/2018 answer text <p>The EU Settlement Scheme for which Appendix EU to the Immigration Rules provides reflects the breadth of provision made by the Free Movement Directive for rights of residence. These include rights of permanent residence with less than five years’ continuous residence in particular circumstances, and retained rights of residence where particular criteria are met. In line with the draft Withdrawal Agreement with the European Union, these are reflected in the requirements for eligibility for status under the scheme contained in Appendix EU.</p><p>The draft Withdrawal Agreement does not protect those who are not exercising or are misusing free movement rights. Consistent with this, an applicant will be refused status under the scheme where they are subject, at the date of decision on the application, to a removal decision under the Immigration (Eu-ropean Economic Area) Regulations 2016 on the grounds of non-exercise or misuse of those rights.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 202079 question first answered 18/12/2018 14:28:54 answering member 4048 label Biography information for Caroline Nokes
	tabling member	4058 label Biography information for Paul Blomfield

1024782

	registered interest
	date	13/12/2018
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Immigration: EU Nationals
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, with reference to Immigration Rules Appendix EU paragraph 15(c) and pursuant to the Answer of 19 November 2018 to Question 192820, in what circumstances an applicant will be refused status on grounds of non-exercise of Treaty rights.
	tabling member constituency	Sheffield Central
	tabling member printed	Paul Blomfield
	uin	202079
	answer	answer is ministerial correction date of answer 18/12/2018 answer text <p>The EU Settlement Scheme for which Appendix EU to the Immigration Rules provides reflects the breadth of provision made by the Free Movement Directive for rights of residence. These include rights of permanent residence with less than five years’ continuous residence in particular circumstances, and retained rights of residence where particular criteria are met. In line with the draft Withdrawal Agreement with the European Union, these are reflected in the requirements for eligibility for status under the scheme contained in Appendix EU.</p><p>The draft Withdrawal Agreement does not protect those who are not exercising or are misusing free movement rights. Consistent with this, an applicant will be refused status under the scheme where they are subject, at the date of decision on the application, to a removal decision under the Immigration (Eu-ropean Economic Area) Regulations 2016 on the grounds of non-exercise or misuse of those rights.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 202078 question first answered 18/12/2018 14:28:54 answering member 4048 label Biography information for Caroline Nokes
	tabling member	4058 label Biography information for Paul Blomfield

1024778

	registered interest
	date	13/12/2018
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Immigration: EU Nationals
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, with reference to Immigration Rules Appendix EU paragraph 15(a) and (b), where evidence arises that could lead to the issue of a deportation or exclusion order, if the assessing caseworker will make a case-by-case assessment of current threat in accordance with Article 27 of Directive 2004/38/EC prior to refusal or granting of settled status.
	tabling member constituency	Sheffield Central
	tabling member printed	Paul Blomfield
	uin	202077
	answer	answer is ministerial correction date of answer 18/12/2018 answer text <p>In line with the draft Withdrawal Agreement with the European Union, criminality and security checks will be carried out on applications for status under the EU Settlement Scheme.</p><p>Applications will be assessed on a case-by-case basis and any conduct (including any criminal convictions relating to it) be-fore the end of the planned implementation period on 31 December 2020 will be assessed according to the current EU law public policy and security tests for deportation or exclusion. These are set out in the Immigration (European Economic Area) Regulations 2016, in accordance with Article 27 of the Free Movement Directive.</p><p>Consistent with the draft Withdrawal Agreement, an applicant will be refused status under the scheme on the grounds of suitability where, at the date of decision, the applicant is subject to a deportation order or a decision to make a deportation order, or to an exclusion order.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 202076 question first answered 18/12/2018 14:30:31 answering member 4048 label Biography information for Caroline Nokes
	tabling member	4058 label Biography information for Paul Blomfield

1024777

	registered interest
	date	13/12/2018
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Immigration: EU Nationals
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for the Home Department, with reference to Immigration Rules Appendix EU paragraph 15(a) and (b), in cases where there is an existing deportation or exclusion order at the date of application, whether caseworkers will make a case-by-case assessment of current threat in accordance with Article 27 of Directive 2004/38/EC prior to a refusal or granting of settled status.
	tabling member constituency	Sheffield Central
	tabling member printed	Paul Blomfield
	uin	202076
	answer	answer is ministerial correction date of answer 18/12/2018 answer text <p>In line with the draft Withdrawal Agreement with the European Union, criminality and security checks will be carried out on applications for status under the EU Settlement Scheme.</p><p>Applications will be assessed on a case-by-case basis and any conduct (including any criminal convictions relating to it) be-fore the end of the planned implementation period on 31 December 2020 will be assessed according to the current EU law public policy and security tests for deportation or exclusion. These are set out in the Immigration (European Economic Area) Regulations 2016, in accordance with Article 27 of the Free Movement Directive.</p><p>Consistent with the draft Withdrawal Agreement, an applicant will be refused status under the scheme on the grounds of suitability where, at the date of decision, the applicant is subject to a deportation order or a decision to make a deportation order, or to an exclusion order.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 202077 question first answered 18/12/2018 14:30:30 answering member 4048 label Biography information for Caroline Nokes
	tabling member	4058 label Biography information for Paul Blomfield