The Home Office has made a significant shift in the rights of EU citizens in the UK before Brexit, allowing those who missed the deadline to apply for a post-Brexit permanent residence card to remain in the UK.
However, campaigners say the decision must be backed up by clearer wording in guidance for case workers, otherwise EU citizens will end up having to “beg” for their rights to be recognized.
The change, highlighted by The Guardian, comes after a series of stories of EU citizens facing devastating consequences.
Under the Brexit deal, EU citizens living in the UK and Britons living in the EU before Brexit have the right to remain in the country where they live for life.
The government launched the EU Settlement Scheme to provide records for the country’s nearly 6 million EU citizens. The scheme ends in June 2021, but late applications are considered on “reasonable grounds”.
Problems arose during the Interior Ministry’s crackdown last August. The new rules eliminate “lack of understanding” of the settlement plan as a reasonable excuse for late applications.
The decision has caused significant hardship for EU citizens, including an Italian restaurateur who had paid tax in the UK for 21 years but found his bank account frozen overnight by Santander, forcing him to close his business. Because he cannot pay his employees or suppliers.
“I didn’t do anything wrong and one day they just said ‘bye, bye’, no explanation, nothing. It was horrible,” Massimo told the Guardian.
Activists estimate that tens of thousands of EU citizens may apply for permanent residence cards after 2016.
Italian technology investor Silvana discovered that her permanent residence card was useless when she went to renew her daughter’s European health insurance card before the holidays, only to be told that her permanent residence card was useless.
She could face deportation under Home Office rules in August, as lack of knowledge of the EU settlement scheme is no longer a valid reason for late application.
After bowing to pressure from campaigners and EU citizens, the Home Office has issued new guidance to caseworkers, telling them that late applications from people holding permanent residence cards are “reasonable reasons” for delaying application to the scheme.
“I’m glad they changed the guidelines and they basically realized it was a mistake to do this to good citizens who have lived here for a long time and contributed to society,” Silvana said.
However, campaign group the3million described the change as a partial victory as the updated guidance is not as clear as it should be.
The Home Office did not state that EU citizens holding permanent residence cards would be allowed to delay their applications, but gave a complicated example of someone in this situation.
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“We are disappointed that the Home Office still does not consider having an EEA permanent residence card in itself to be sufficient evidence of a delayed application, and that it also expects people to beg, genuflect and feel remorseful for not knowing,” said Temporary Coalition of 3 Million Companies said CEO Andreea Dumitrache.
“Politicians have promised that EU citizens will retain their rights after Brexit. This government needs to take responsibility for the changes it has brought about and change this culture of distrust in the Home Office.”
A Home Office spokesman said: “More than two years have passed since the main deadline to apply for the EU Settlement Scheme, which has been widely publicized. In line with the Citizens’ Rights Agreement, we will continue to accept and consider those who have reasonable grounds for delay. A late application made by the person who applied.”
Separately, concerns have been raised about the Home Office’s reaction to the High Court ruling on the EU settlement plan.
The High Court upheld the independent watchdog, the statutory body set up to protect the rights of EU citizens, which claimed it was wrong to remove the employment, residence and healthcare rights of people with pre-settled status (for Britons) less than before Brexit. five years) if they forget to apply for upgrade to settled status after becoming eligible.
In response, the Home Office has offered a two-year extension to those with pre-settled status, as it believes this will bridge any gap for those who forget to reapply.
Campaigners say this means employers, landlords or banks could interpret such extensions as temporary status that carries legal risks and strips individuals of their rights.
“While the Home Office is effective in many cases, some citizens face uncertainty that affects their ability to live, work and raise families in the UK,” said Miranda Biddle, chief executive of the independent watchdog. )express.
