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1007139

registered interest
date	14/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Passports
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, when he plans for the first of the new blue British passports to be issued.
tabling member constituency	Lichfield
tabling member printed	Michael Fabricant
uin	191265
answer	answer is ministerial correction date of answer 21/11/2018 answer text <p>The return to a blue passport will be introduced in a phased approach, which is now familiar when bringing in a redesign of the British passport to ensure a smooth and safe transition. The first of the new blue passports will be issued in late 2019, and all new British passports will be blue from early 2020.</p> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes question first answered 21/11/2018 17:20:09 answering member 4048 label Biography information for Caroline Nokes
tabling member	280 label Biography information for Michael Fabricant

1007143

registered interest
date	14/11/2018
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 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, what steps he is taking to ensure that workers with (a) zero-hours and (b) part-time contracts are not refused settled status as a result of their employment status.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	191403
answer	answer is ministerial correction date of answer 19/11/2018 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> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 191400 191401 191402 191404 191405 question first answered 19/11/2018 18:00:13 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1007147

registered interest
date	14/11/2018
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 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.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	191404
answer	answer is ministerial correction date of answer 19/11/2018 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> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 191400 191401 191402 191403 191405 question first answered 19/11/2018 18:00:13 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield

1007148

registered interest
date	14/11/2018
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 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).
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	191405
answer	answer is ministerial correction date of answer 19/11/2018 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> answering member constituency Romsey and Southampton North answering member printed Caroline Nokes grouped question UIN 191400 191401 191402 191403 191404 question first answered 19/11/2018 18:00:13 answering member 4048 label Biography information for Caroline Nokes
tabling member	4058 label Biography information for Paul Blomfield