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940667
star this property registered interest false remove filter
star this property date less than 2018-07-13more like thismore than 2018-07-13
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
unstar this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
star this property hansard heading Visas: Reciprocal Arrangements more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for the Home Department, with which countries the UK has a visa reciprocity agreement. more like this
star this property tabling member constituency Sheffield Central more like this
star this property tabling member printed
Paul Blomfield more like this
star this property uin 163796 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-07-18more like thismore than 2018-07-18
unstar this property answer text <p>The current list of countries whose citizens require a visa to come to the UK is at Appendix 2 to Appendix V of the Immigration Rules.</p><p>The UK keeps its visa system under regular review. Decisions on changes are always taken considering a range of factors. These will vary globally, but often include security, compliance, returns, prosperity and can included reciprocal arrangements for UK nationals.</p> more like this
star this property answering member constituency Romsey and Southampton North remove filter
star this property answering member printed Caroline Nokes more like this
star this property question first answered
less than 2018-07-18T14:43:10.77Zmore like thismore than 2018-07-18T14:43:10.77Z
star this property answering member
4048
star this property label Biography information for Caroline Nokes more like this
unstar this property tabling member
4058
unstar this property label Biography information for Paul Blomfield remove filter
1015409
star this property registered interest false remove filter
star this property date less than 2018-11-27more like thismore than 2018-11-27
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
unstar this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
star this property hansard heading Immigration: EU Nationals more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for the Home Department, with which (a) other public and (b) private sector organisations in (i) the UK and (ii) overseas his Department plans to be able to share the biometric data provided by applicants to the EU Settlement Scheme. more like this
star this property tabling member constituency Sheffield Central more like this
star this property tabling member printed
Paul Blomfield more like this
star this property uin 196233 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-12-03more like thismore than 2018-12-03
unstar this property answer text <p>Biometrics enrolled as part of an application to the EU Settlement Scheme will be stored and used in accordance with the rules set by Parliament as set out within the Immigration (Physical Data) Regulations 2006, as amended. This includes sharing biometrics with other law enforcement organisations to prevent, detect and prosecute crime and in the interest of national security. Further information on this is set out in the Borders, Immigration and Citizenship privacy information notice: <a href="https://www.gov.uk/government/publications/personal-information-use-in-borders-immigration-and-citizenship/borders-immigration-and-citizenship-privacy-information-notice" target="_blank">https://www.gov.uk/government/publications/personal-information-use-in-borders-immigration-and-citizenship/borders-immigration-and-citizenship-privacy-information-notice</a>.</p><p>Biometrics enrolled under the EU Settlement Scheme are securely stored on the Immigration and Asylum Biometric System along with other biometrics taken for immigration and nationality purposes.</p><p>Those granted status under the EU Settlement Scheme can access information about their immigration status and entitlements via a secure online service. This includes their name, status information and their facial image. Individuals can then choose to grant access to this information to employers and other service providers. By giving individuals direct access to their own data and the ability to share this with service providers we are giving them greater transparency, clarity and control. With online services, we can also ensure that service providers see only the information that is relevant and proportionate to their need, in a way that is not possible via a single document as evidence of status.</p>
star this property answering member constituency Romsey and Southampton North remove filter
star this property answering member printed Caroline Nokes more like this
star this property grouped question UIN 196234 more like this
star this property question first answered
less than 2018-12-03T17:13:45.697Zmore like thismore than 2018-12-03T17:13:45.697Z
star this property answering member
4048
star this property label Biography information for Caroline Nokes more like this
unstar this property tabling member
4058
unstar this property label Biography information for Paul Blomfield remove filter
1010173
star this property registered interest false remove filter
star this property date less than 2018-11-19more like thismore than 2018-11-19
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
unstar this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
star this property hansard heading Immigration: EU Nationals more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for the Home Department, with reference to the suitability criterion for Settled Status that the applicant must not be subject to a removal decision under the EEA Regulations on the grounds of their non-exercise or misuse of rights under Directive 2004/38/EC, whether his Department will check whether (a) each applicant for Settled Status is exercising their rights under Directive 2004/38/EC or (b) it is those subject to a removal decision before they make their application for Settled Status who will be refused on suitability grounds. more like this
star this property tabling member constituency Sheffield Central more like this
star this property tabling member printed
Paul Blomfield more like this
star this property uin 192820 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-11-22more like thismore than 2018-11-22
unstar this property answer text <p>The Statement of Intent on the EU Settlement Scheme published on 21 June 2018 made clear that the UK has decided, as a matter of domestic policy, to be more generous than the draft Withdrawal Agreement with the European Union in certain respects. In particular, those applying under the scheme will not generally be required to show that they are exercising their rights under the Free Movement Directive (2004/38/EC). This means that an applicant will not be refused status under the scheme because for example they are not economically active, their employment is not full-time or they do not hold comprehensive sickness insurance.</p><p>However, the draft Withdrawal Agreement does not protect those who are not exercising or are misusing free movement rights. This means that, while free movement rules continue to operate to the end of the planned implementation period, there will remain scope, as a matter of law, for a person to be removed from the UK on those grounds. It is logical that this is reflected in the Immigration Rules for the EU Settlement Scheme.</p>
star this property answering member constituency Romsey and Southampton North remove filter
star this property answering member printed Caroline Nokes more like this
star this property question first answered
less than 2018-11-22T14:14:32.653Zmore like thismore than 2018-11-22T14:14:32.653Z
star this property answering member
4048
star this property label Biography information for Caroline Nokes more like this
unstar this property tabling member
4058
unstar this property label Biography information for Paul Blomfield remove filter
992849
star this property registered interest false remove filter
star this property date less than 2018-10-22more like thismore than 2018-10-22
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
unstar this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
star this property hansard heading Immigration: EU Nationals more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for the Home Department, with reference to the Oral contribution of 21 June 2018 by the Minister for Immigration on the EU Settlement Scheme, Official Report, column 508, what steps he is taking to ensure that victims of trafficking and modern slavery can prove their identity in order to obtain Settled Status. more like this
star this property tabling member constituency Sheffield Central more like this
star this property tabling member printed
Paul Blomfield more like this
star this property uin 182185 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-10-25more like thismore than 2018-10-25
unstar this property answer text <p>As set out in the Statement of Intent published on 21 June 2018, the EU Settlement Scheme will adopt a flexible approach to evidence of both identity and residence.</p><p>The published caseworker guidance includes a broad range of evidence that caseworkers can accept to establish the applicant’s claimed period of residence in the UK. This includes confirmation from another Government department or agency, such as the National Crime Agency which oversees the National Referral Mechanism for victims of trafficking and modern slavery.</p><p>The Home Office will also accept alternative evidence of identity and nationality where the applicant is unable to obtain or produce the required document due to circumstances beyond their control or due to compelling practical or compassionate reasons. This could include where passports or national identity cards have been confiscated by organised criminal gangs involved in trafficking.</p><p>Furthermore, arrangements are being developed for a range of support to be offered by the Home Office and third parties such as community groups and charities. These include direct support arrangements to assist vulnerable individuals throughout the application process, through tailored telephone advice and support, attendance at one of our assisted digital centres, or where necessary, officials visiting the individual at home.</p><p>With regard to application fees, there are currently no plans to waive fees for victims of trafficking and modern slavery, unless the victim is a child in local authority care. The application fee has been set below the cost of a UK passport and applicants have until 30 June 2021 to make the necessary arrangements to enable them to apply.</p>
star this property answering member constituency Romsey and Southampton North remove filter
star this property answering member printed Caroline Nokes more like this
star this property grouped question UIN
182184 more like this
182186 more like this
star this property question first answered
less than 2018-10-25T15:48:24.963Zmore like thismore than 2018-10-25T15:48:24.963Z
star this property answering member
4048
star this property label Biography information for Caroline Nokes more like this
unstar this property tabling member
4058
unstar this property label Biography information for Paul Blomfield remove filter
992848
star this property registered interest false remove filter
star this property date less than 2018-10-22more like thismore than 2018-10-22
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
unstar this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
star this property hansard heading Immigration: EU Nationals more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for the Home Department, with reference to the Oral contribution of 21 June 2018 by the Minister for Immigration on the EU Settlement Scheme, Official Report, column 508, what provisions he plans to put in place for victims of trafficking and modern slavery to help them prove their residency in order to obtain Settled Status. more like this
star this property tabling member constituency Sheffield Central more like this
star this property tabling member printed
Paul Blomfield more like this
star this property uin 182184 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-10-25more like thismore than 2018-10-25
unstar this property answer text <p>As set out in the Statement of Intent published on 21 June 2018, the EU Settlement Scheme will adopt a flexible approach to evidence of both identity and residence.</p><p>The published caseworker guidance includes a broad range of evidence that caseworkers can accept to establish the applicant’s claimed period of residence in the UK. This includes confirmation from another Government department or agency, such as the National Crime Agency which oversees the National Referral Mechanism for victims of trafficking and modern slavery.</p><p>The Home Office will also accept alternative evidence of identity and nationality where the applicant is unable to obtain or produce the required document due to circumstances beyond their control or due to compelling practical or compassionate reasons. This could include where passports or national identity cards have been confiscated by organised criminal gangs involved in trafficking.</p><p>Furthermore, arrangements are being developed for a range of support to be offered by the Home Office and third parties such as community groups and charities. These include direct support arrangements to assist vulnerable individuals throughout the application process, through tailored telephone advice and support, attendance at one of our assisted digital centres, or where necessary, officials visiting the individual at home.</p><p>With regard to application fees, there are currently no plans to waive fees for victims of trafficking and modern slavery, unless the victim is a child in local authority care. The application fee has been set below the cost of a UK passport and applicants have until 30 June 2021 to make the necessary arrangements to enable them to apply.</p>
star this property answering member constituency Romsey and Southampton North remove filter
star this property answering member printed Caroline Nokes more like this
star this property grouped question UIN
182185 more like this
182186 more like this
star this property question first answered
less than 2018-10-25T15:48:24.87Zmore like thismore than 2018-10-25T15:48:24.87Z
star this property answering member
4048
star this property label Biography information for Caroline Nokes more like this
unstar this property tabling member
4058
unstar this property label Biography information for Paul Blomfield remove filter
992850
star this property registered interest false remove filter
star this property date less than 2018-10-22more like thismore than 2018-10-22
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
unstar this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
star this property hansard heading Immigration: EU Nationals more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for the Home Department, with reference to the Oral Statement of 21 June 2018 by the Minister for Immigration on the EU Settlement Scheme, Official Report, column 508, if he will waive the application fee for (a) any victim and (b) any dependent of trafficking or modern slavery with a positive reasonable grounds or conclusive grounds decision when applying for settled status. more like this
star this property tabling member constituency Sheffield Central more like this
star this property tabling member printed
Paul Blomfield more like this
star this property uin 182186 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-10-25more like thismore than 2018-10-25
unstar this property answer text <p>As set out in the Statement of Intent published on 21 June 2018, the EU Settlement Scheme will adopt a flexible approach to evidence of both identity and residence.</p><p>The published caseworker guidance includes a broad range of evidence that caseworkers can accept to establish the applicant’s claimed period of residence in the UK. This includes confirmation from another Government department or agency, such as the National Crime Agency which oversees the National Referral Mechanism for victims of trafficking and modern slavery.</p><p>The Home Office will also accept alternative evidence of identity and nationality where the applicant is unable to obtain or produce the required document due to circumstances beyond their control or due to compelling practical or compassionate reasons. This could include where passports or national identity cards have been confiscated by organised criminal gangs involved in trafficking.</p><p>Furthermore, arrangements are being developed for a range of support to be offered by the Home Office and third parties such as community groups and charities. These include direct support arrangements to assist vulnerable individuals throughout the application process, through tailored telephone advice and support, attendance at one of our assisted digital centres, or where necessary, officials visiting the individual at home.</p><p>With regard to application fees, there are currently no plans to waive fees for victims of trafficking and modern slavery, unless the victim is a child in local authority care. The application fee has been set below the cost of a UK passport and applicants have until 30 June 2021 to make the necessary arrangements to enable them to apply.</p>
star this property answering member constituency Romsey and Southampton North remove filter
star this property answering member printed Caroline Nokes more like this
star this property grouped question UIN
182184 more like this
182185 more like this
star this property question first answered
less than 2018-10-25T15:48:25.01Zmore like thismore than 2018-10-25T15:48:25.01Z
star this property answering member
4048
star this property label Biography information for Caroline Nokes more like this
unstar this property tabling member
4058
unstar this property label Biography information for Paul Blomfield remove filter
828792
star this property registered interest false remove filter
star this property date less than 2018-01-23more like thismore than 2018-01-23
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
unstar this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
star this property hansard heading Refugees more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for the Home Department, with reference to the Government’s response to the Home Affairs Committee’s Twelfth Report of Session 2016-17, Asylum accommodation, HC637, if she will publish the results of the pilot into UK Visas and Immigration contacting refugees and offering them an appointment with the Department for Work and Pension's Vulnerable Persons’ service. more like this
star this property tabling member constituency Sheffield Central more like this
star this property tabling member printed
Paul Blomfield more like this
star this property uin 124424 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-01-29more like thismore than 2018-01-29
unstar this property answer text <p>The new scheme was put in place to ensure that refugees who wish to apply for benefits are assisted with their application and receive a prompt first payment of any benefit for which they qualify. The scheme was tested successfully in the North East and Yorkshire and Humberside regions earlier this year and has now been rolled out to all areas of the country where asylum seekers are accommodated by the Home Office. The Government is carefully evaluating the implementation and impact of this new service and will complete its evaluation in due course.</p> more like this
star this property answering member constituency Romsey and Southampton North remove filter
star this property answering member printed Caroline Nokes more like this
star this property question first answered
less than 2018-01-29T15:45:03.533Zmore like thismore than 2018-01-29T15:45:03.533Z
star this property answering member
4048
star this property label Biography information for Caroline Nokes more like this
unstar this property tabling member
4058
unstar this property label Biography information for Paul Blomfield remove filter
1007147
star this property registered interest false remove filter
star this property date less than 2018-11-14more like thismore than 2018-11-14
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
unstar this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
star this property hansard heading Immigration: EU Nationals more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for the Home Department, with reference to the Government's suitability criterion for settled status that the applicant must not be subject to a removal decision under the EEA Regulations on the grounds of their non-exercise or misuse of rights under Directive 2004/38/EC, whether the procedural guarantees provided for in Article 17(3) of the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community will apply to applicants who are refused settled status on suitability grounds. more like this
star this property tabling member constituency Sheffield Central more like this
star this property tabling member printed
Paul Blomfield more like this
star this property uin 191404 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-11-19more like thismore than 2018-11-19
unstar this property answer text <p>The draft Withdrawal Agreement with the European Union published on 14 November 2018 protects the rights of EU citizens resident in the UK by the end of the planned implementation period on 31 December 2020 and their family members. Article 20 sets out the circumstances in which it may be appropriate to restrict the right of entry or residence to such an EU citizen or their family member.</p><p> </p><p>The draft Withdrawal Agreement does not protect those who are not exercising or are misusing free movement rights, and it means that, while free movement rules continue to operate to the end of the planned implementation period, there will remain scope, consistent with the relevant case law, for a person to be removed from the UK on those grounds. It is logical that this is reflected in the Immigration Rules and published caseworker guidance for the EU Settlement Scheme, as it is in the provisions of and published caseworker guidance for the Immigration (European Economic Area) Regulations 2016 which provide for the operation in the UK of the Free Movement Directive (2004/83/EC). The guidance on the Regulations sets out how misuse of free movement rights is assessed and was reviewed following the Gureckis, Cielecki and Perlinski judgments in 2017.</p><p> </p><p>However, the Statement of Intent on the EU Settlement Scheme published on 21 June 2018 made clear that the UK has decided, as a matter of domestic policy, to be more generous than the draft Withdrawal Agreement in certain respects. In particular, those applying under the scheme will not be required to show that they meet all the requirements of current free movement rules, such as any requirement to have held comprehensive sickness insurance or generally to detail the exercise of specific rights under EU law, such as the right to work. This means that an applicant will not be refused status under the scheme because for example they are not economically active, their employment is not full-time or they do not hold comprehensive sickness insurance.</p><p> </p><p>An applicant refused status under the EU Settlement Scheme on eligibility or suitability grounds will be covered by the procedural guarantees provided for in Article 18(3) of the draft Withdrawal Agreement. Subject to Parliamentary approval of the primary legislation required to establish a right of appeal for the scheme, we intend that, consistent with Articles 18(3) and 21 of the draft Withdrawal Agreement, those applying under the scheme from 30 March 2019 will be given a statutory right of appeal if their application is refused.</p>
star this property answering member constituency Romsey and Southampton North remove filter
star this property answering member printed Caroline Nokes more like this
star this property grouped question UIN
191400 more like this
191401 more like this
191402 more like this
191403 more like this
191405 more like this
star this property question first answered
less than 2018-11-19T18:00:13.183Zmore like thismore than 2018-11-19T18:00:13.183Z
star this property answering member
4048
star this property label Biography information for Caroline Nokes more like this
unstar this property tabling member
4058
unstar this property label Biography information for Paul Blomfield remove filter
1007009
star this property registered interest false remove filter
star this property date less than 2018-11-14more like thismore than 2018-11-14
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
unstar this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
star this property hansard heading Immigration: EU Nationals more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for the Home Department, with reference to the Government's suitability criterion for settled status that the applicant must not be subject to a removal decision under the EEA Regulations on the grounds of their non-exercise or misuse of rights under Directive 2004/38/EC, whether his Department plans for non-working carers to be refused settled status on grounds of suitability. more like this
star this property tabling member constituency Sheffield Central more like this
star this property tabling member printed
Paul Blomfield more like this
star this property uin 191400 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-11-19more like thismore than 2018-11-19
unstar this property answer text <p>The draft Withdrawal Agreement with the European Union published on 14 November 2018 protects the rights of EU citizens resident in the UK by the end of the planned implementation period on 31 December 2020 and their family members. Article 20 sets out the circumstances in which it may be appropriate to restrict the right of entry or residence to such an EU citizen or their family member.</p><p> </p><p>The draft Withdrawal Agreement does not protect those who are not exercising or are misusing free movement rights, and it means that, while free movement rules continue to operate to the end of the planned implementation period, there will remain scope, consistent with the relevant case law, for a person to be removed from the UK on those grounds. It is logical that this is reflected in the Immigration Rules and published caseworker guidance for the EU Settlement Scheme, as it is in the provisions of and published caseworker guidance for the Immigration (European Economic Area) Regulations 2016 which provide for the operation in the UK of the Free Movement Directive (2004/83/EC). The guidance on the Regulations sets out how misuse of free movement rights is assessed and was reviewed following the Gureckis, Cielecki and Perlinski judgments in 2017.</p><p> </p><p>However, the Statement of Intent on the EU Settlement Scheme published on 21 June 2018 made clear that the UK has decided, as a matter of domestic policy, to be more generous than the draft Withdrawal Agreement in certain respects. In particular, those applying under the scheme will not be required to show that they meet all the requirements of current free movement rules, such as any requirement to have held comprehensive sickness insurance or generally to detail the exercise of specific rights under EU law, such as the right to work. This means that an applicant will not be refused status under the scheme because for example they are not economically active, their employment is not full-time or they do not hold comprehensive sickness insurance.</p><p> </p><p>An applicant refused status under the EU Settlement Scheme on eligibility or suitability grounds will be covered by the procedural guarantees provided for in Article 18(3) of the draft Withdrawal Agreement. Subject to Parliamentary approval of the primary legislation required to establish a right of appeal for the scheme, we intend that, consistent with Articles 18(3) and 21 of the draft Withdrawal Agreement, those applying under the scheme from 30 March 2019 will be given a statutory right of appeal if their application is refused.</p>
star this property answering member constituency Romsey and Southampton North remove filter
star this property answering member printed Caroline Nokes more like this
star this property grouped question UIN
191401 more like this
191402 more like this
191403 more like this
191404 more like this
191405 more like this
star this property question first answered
less than 2018-11-19T18:00:12.92Zmore like thismore than 2018-11-19T18:00:12.92Z
star this property answering member
4048
star this property label Biography information for Caroline Nokes more like this
unstar this property tabling member
4058
unstar this property label Biography information for Paul Blomfield remove filter
1007148
star this property registered interest false remove filter
star this property date less than 2018-11-14more like thismore than 2018-11-14
star this property answering body
Home Office more like this
star this property answering dept id 1 more like this
unstar this property answering dept short name Home Office more like this
star this property answering dept sort name Home Office more like this
star this property hansard heading Immigration: EU Nationals more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for the Home Department, with reference to the Government's suitability criterion for settled status that the applicant must not be subject to a removal decision under the EEA Regulations on the grounds of their non-exercise or misuse of rights under Directive 2004/38/EC, whether his Department has reviewed its definition of misuse of rights following the case of The Queen on the application of Gunars Gureckis v Secretary of State for the Home Department; The Queen on the application of Mariusz Cielecki v Secretary of State for the Home Department; The Queen on the application of Mariusz Perlinski v Secretary of State for the Home Department [2017] EWHC 3298 (Admin). more like this
star this property tabling member constituency Sheffield Central more like this
star this property tabling member printed
Paul Blomfield more like this
star this property uin 191405 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-11-19more like thismore than 2018-11-19
unstar this property answer text <p>The draft Withdrawal Agreement with the European Union published on 14 November 2018 protects the rights of EU citizens resident in the UK by the end of the planned implementation period on 31 December 2020 and their family members. Article 20 sets out the circumstances in which it may be appropriate to restrict the right of entry or residence to such an EU citizen or their family member.</p><p> </p><p>The draft Withdrawal Agreement does not protect those who are not exercising or are misusing free movement rights, and it means that, while free movement rules continue to operate to the end of the planned implementation period, there will remain scope, consistent with the relevant case law, for a person to be removed from the UK on those grounds. It is logical that this is reflected in the Immigration Rules and published caseworker guidance for the EU Settlement Scheme, as it is in the provisions of and published caseworker guidance for the Immigration (European Economic Area) Regulations 2016 which provide for the operation in the UK of the Free Movement Directive (2004/83/EC). The guidance on the Regulations sets out how misuse of free movement rights is assessed and was reviewed following the Gureckis, Cielecki and Perlinski judgments in 2017.</p><p> </p><p>However, the Statement of Intent on the EU Settlement Scheme published on 21 June 2018 made clear that the UK has decided, as a matter of domestic policy, to be more generous than the draft Withdrawal Agreement in certain respects. In particular, those applying under the scheme will not be required to show that they meet all the requirements of current free movement rules, such as any requirement to have held comprehensive sickness insurance or generally to detail the exercise of specific rights under EU law, such as the right to work. This means that an applicant will not be refused status under the scheme because for example they are not economically active, their employment is not full-time or they do not hold comprehensive sickness insurance.</p><p> </p><p>An applicant refused status under the EU Settlement Scheme on eligibility or suitability grounds will be covered by the procedural guarantees provided for in Article 18(3) of the draft Withdrawal Agreement. Subject to Parliamentary approval of the primary legislation required to establish a right of appeal for the scheme, we intend that, consistent with Articles 18(3) and 21 of the draft Withdrawal Agreement, those applying under the scheme from 30 March 2019 will be given a statutory right of appeal if their application is refused.</p>
star this property answering member constituency Romsey and Southampton North remove filter
star this property answering member printed Caroline Nokes more like this
star this property grouped question UIN
191400 more like this
191401 more like this
191402 more like this
191403 more like this
191404 more like this
star this property question first answered
less than 2018-11-19T18:00:13.263Zmore like thismore than 2018-11-19T18:00:13.263Z
star this property answering member
4048
star this property label Biography information for Caroline Nokes more like this
unstar this property tabling member
4058
unstar this property label Biography information for Paul Blomfield remove filter