By Jeph Ajobaju, Chief Copy Editor
Britons living in mainland Europe are being paid back with the same racism that minted Brexit in the vote in 2016, as they face discrimination accessing benefits, services, and jobs, according to the Home Office.
The result was narrow five years ago with Remainers getting 48 per cent of the vote and Leavers 52 per cent.
However, since Brexit came into effect on January 1, 2021, the consequences have been huge both on British trade and on movement between the United Kingdom and the European Union (EU).
Immigration officials have announced a 28-day period for EU citizens living in the UK to apply for the right to remain or lose the privilege.
In an article in The Daily Telegraph quoted by Yahoo, Home Secretary Priti Patel accused EU countries of treating Britons unfairly, five years after they voted to leave the bloc following a campaign led by Prime Minister Boris Johnson.
Patel cited “a number of reported instances of UK nationals in the EU being asked for residence documents they do not need to hold, being prevented from accessing benefits and services, and having trouble with their right to work”.
Moreover, she said, Britons have had problems merely travelling to the EU, saying some British nationals have “faced disruption on boarding and entry”.
Patel stressed it was “only right that the EU uphold their obligations on citizens’ rights, just as the UK has done for EU citizens in the UK”, describing the UK’s settlement programme for EU citizens as “very generous”.
Settlement scheme
The deadline for EU citizens to apply to stay is June 30. Around 5.3 million EU citizens have applied for residency rights in the UK, according to government figures. But the BBC reports that around 400,000 cases remain outstanding.
Patel urged EU nationals to meet the deadline to apply for UK residency but said those who miss it on reasonable grounds will still be able to apply.
Immigration Minister Kevin Foster clarified that such exceptions would include children whose parents failed to apply for them or people who had a serious illness that prevented them applying.
He said immigration officers will be able to issue 28-day notices to people they encounter who may be eligible to apply, such as when conducting immigration raids.
Many EU countries have windows of a year or less for their equivalent schemes for British nationals, Patel pointed out, noting that “France’s is currently open for less than nine months”.
Following the Brexit referendum in 2016, settled status was introduced for citizens of the EU or the European Economic Area (EEA) living in the UK, which allows them to retain the same rights of residence, travel, employment, and access to healthcare and benefits.
UK won’t extend settlement scheme
The UK will not extend the deadline for the EU Settlement Scheme (EUSS), as any extension would lead to more uncertainty and is not a “solution”, Foster insisted, despite calls from campaigners to push back the date amid the pandemic.
EU citizens and their families have been asked to apply to the Home Office scheme by June 30, in order to continue living and working in the UK now the Brexit transition period and freedom of movement has ended.
Foster said: “The EUSS has been open publicly since March 2019. We believe this has given people plenty of time to apply.
“The sheer fact there have been over 5.6 million applications by the end of last month is testament to this.
“I want to be clear – we will not be extending the deadline. Put simply, extending the deadline is not a solution in itself to reaching those people who have not yet applied and we would just be in a position further down the line where we would be asked to extend again, creating even more uncertainty.”
Yahoo quoted Press Association as reporting that Foster’s comments came after Downing Street said it was trying to identify tens of thousands of Europeans living in the UK who are yet to apply for the post-Brexit residency scheme.
This followed concerns that many EU citizens – as well as nationals of Iceland, Lichtenstein, Norway and Switzerland – could have their benefits cut off if they miss the deadline.
Number 10 insisted only a “small minority” are yet to come forward but initial official estimates on the number of anticipated applications have already been exceeded.
Ultimately it is not known how many people who are eligible to apply are living in the UK, or how many could remain in the country undocumented.
Around 400,000 applications are still waiting to be processed and the Home Office is receiving between 10,000 and 12,000 applications a day.
Foster said he was “concerned” over claims that outstanding cases were facing a legal limbo or facing a cliff edge – dismissing them as “just untrue”.
The government has pledged that anyone who applies by the deadline will have their existing rights protected, subject to the decision and any appeal.
Those who have made a valid submission will have access to a certificate of application while they await their decision, Foster said.
It typically takes around five working days for complete applications to be processed, but it can take longer than a month if more information is needed.
Conditions for late application
The Home Office has not committed to completing all applications by June 30 and is allowing people to make a late application if they meet “reasonable grounds” for missing the deadline.
These include:
· Where a parent, guardian or council has failed to apply on behalf of a child.
· Where a person has a serious medical condition preventing them from applying in time.
· If someone is a victim of modern slavery, is in an abusive relationship, is vulnerable or lacks the ability to make the digital application.
· Other compelling or compassionate reasons, including in light of the coronavirus pandemic.
Late applications can take place years afterwards. For example, if a child discovered later in life that they are undocumented.
Addressing claims EU citizens could be removed or have their benefits taken away on July 1, Foster said: “We are taking a proportionate and pragmatic approach” and insisted no action would be taken against anyone who has an outstanding application.
He disclosed that immigration enforcement officers will be given powers to issue a 28-day notice to anyone they discover who may be eligible for the scheme but cannot prove their immigration status.
This will tell them to take urgent action to establish their lawful status by applying to the scheme.
These may be handed out, for example, to workers discovered during immigrations raids on businesses.
Questions still remain over whether those whose applications are rejected, or fail to apply despite requests to do so, would then face deportation or be asked to leave voluntarily.
Lack of awareness
Care groups have warned that a substantial number of social care workers and their employers are not fully aware of the scheme.
They say a lack of knowledge about what their obligations and requirements are is “caused primarily by poor engagement and communication” from the Home Office.
In a letter to Johnson, they “respectfully urge” the government to reconsider its position “even at this late stage”.
They write: “This lack of knowledge of the repercussions of not being part of the scheme is that many care workers are either feeling they have no choice but to leave the UK, leave the care profession or alternatively move to the NHS.
“For a sector that already has over 120,000 vacancies this will have a major impact on the sustainability of social care service provision across the UK.”
The groups include the Care Workers Charity, Care England and the National Care Association.
A government spokeswoman said it is working with employers to ensure the workforce is large enough to meet increasing demands.
She added: “We have been clear we want international staff already working in the UK to stay and feel welcomed and encouraged to do so, and we’ve worked hard to promote the EU settlement scheme across the sector over the last two and a half years.”
No estimate of EU citizens living in UK
The settled status scheme gives longstanding European residents who successfully apply for indefinite leave to stay and work in the UK after Brexit.
But a report by Sky News quoted by Yahoo said are concerns that, despite the scheme’s deadline being just a few days away, there are reportedly around 70,000 European benefits claimants living in the UK who have not yet applied.
It is believed a large number of these individuals receive universal credit.
Leaked Whitehall documents from the beginning of June seen by The Times reportedly showed around one in six of the total number of EU citizens who currently claim benefits were yet to sign up for settled status.
The Home Office has not provided an estimate of how many EU citizens living in the UK have yet to apply, but a spokesperson said the number of applications has “exceeded the estimate”.
But, despite the reportedly large number of individuals who may slip through the net and find their benefits cut off beyond the June 30 deadline without securing settled status, Foster insisted there will be no extension to the scheme beyond June 30.
“It is important to remind people why we have the scheme – to distinguish between EU citizens who lived here before the transition period and those who come here after,” he said.
The scheme is “simple” to apply for, he added, with individuals having to prove their identity, show they live in the UK, and disclose any criminal convictions they have.
Foster said it is also free of charge to apply for, noting that his department has spent £8 million on an advertising campaign encouraging people to apply.
Tracking those who have not applied
The government said it is working hard to identify those who have yet to apply for the post-Brexit residency scheme.
Downing Street said only a “small minority” of those eligible had yet to come forward.
Settled status is given to people who have been living in the UK continuously for a five-year period.
Those who were living in the UK prior to Brexit but have not yet reached the five-year milestone are originally awarded pre-settled status which can become settled status if they stay.
