Over one year since the EU Settlement Scheme deadline: is it finally a ‘done and dusted’ issue?
The EU Rights and Brexit Hub and the All Party Parliamentary Group on Immigration Law and Policy hosted an expert panel and networking session on the EU Settlement Scheme One Year On.
There has been a year and some six months since the deadline to apply for the EU Settlement Scheme. Naturally, there is less media and political attention on this, especially when compared to how the EU Settlement Scheme made the headlines in 2021.
For many EU citizens who have already secured settled status, it may seem an issue of the past. However, for many others, the decisions made when designing and implementing the EU Settlement Scheme still have consequences. Others are still waiting for their status, while some citizens with pre-settled or settled status are waiting for decisions on whether their family members will be allowed to join them.
How do we evaluate the EU Settlement Scheme? What have been the ‘lessons learned’ by organisations supporting EU citizens and the Home Office? What problems still need to be addressed? We asked those questions - and many more - during the EU Settlement Scheme event organised by the EU Rights and Brexit Hub on 11 January 2023.
Hosted by Sir Stephen Timms MP on behalf of the All Party Parliamentary Group on Immigration Law and Policy in the impressive surroundings of the Churchill Room in the House of Commons, the event connected MPs, the Independent Monitoring Authority (the body monitoring the rights of EU and EEA EFTA citizens post-Brexit), academics, charities supporting EU citizens and their family members, NGOs advocating for changes in the EU Settlement Scheme, as well as citizens with direct experience of the scheme and some of its complications.
Panel One from left to right: Simon Parker, Madeleine Sumption, Charlotte O'Brien (chair) Kate Smart.
The first discussion panel focussed on experiences of the EU Settlement Scheme and was chaired by Prof. Charlotte O’Brien from the University of York Law School. Kate Smart, CEO of Settled, one of the main organisations offering free advice to EU citizens and family members on the EUSS, outlined a long list of issues emerging from the casework: from EU citizens who are not aware of the need to ‘upgrade’ to settled status after five years or residence, to those struggling to use the digital-only system. These experiences were put into the broader context by Madeleine Sumption, director of the Migration Observatory, who analysed the groups which are most likely to be left behind the scheme. Prof. Simon Parker and Dr John Evemy from the University of York Politics Department drew on insights from interviews with key stakeholders in the EUSS policy making process, as well as MPs. Overall, as discussant Fiona Costello from the University of Cambridge observed, it is clear the need for free and independent legal advice for EU citizens and families will continue for the foreseeable future. While the sector agrees on the importance of continued support, the further we move from the EUSS deadline day, the less certain organisations are about the sustainability of funding and consequently, their work in supporting EU citizens and families across the UK.
There is still a long list of ongoing issues with the EUSS that require attention. Although the EUSS may no longer be in the headlines as the immigration policy topic of the day, there is still parliamentary interest in scrutinising the scheme. MPs Stuart McDonald, Hilary Benn and Stephen Timms all raised detailed questions on the lack of physical proof of status, those citizens still in the infamous Home Office ‘backlog’ and the reasons for refusal - issues that Stuart McDonald MP went on to raise in Parliament in an adjournment debate with Home Office Minister Robert Jenrick on 20th January.
Panel Two from left to right: Dahaba Ali Hussen, Andreea Dumitrache, Tania Gessi, Charlotte O'Brien and Alice Welsh.
Are there still advocacy opportunities in this space? Drawing on the experiences of the scheme detailed in the first discussion, the second panel, chaired by Prof. Simon Parker, asks NGOs and our own EU Rights and Brexit Hub for pragmatic solutions. “It’s important to take a step back from the details and put people and their rights first”, says Andreea Dumitrache from the3million. The need for continued advocacy, especially from people with direct lived experience, was made clear when Dahaba Ali Hussen, a journalist and the3million advocate, spoke about her EUSS story. As a Dutch-Somali EU citizen, Dahaba’s experience of EUSS refusals and being stopped at the border when recently travelling back to the UK from France have been well documented in the media. On a positive note, Dahaba reflects on the successes of EU citizen-led advocacy. “Does anyone remember when the [EUSS] app only used to work on Android and there was an application fee?” Those days seem long gone, but it’s crucial to remember that it was the advocacy of organisations like the3million and others which led to the decision to remove the initial application fee for instance, and to make the EUSS free for all applicants.
Much of the discussion during the afternoon focussed on ensuring the voices of marginalised groups are heard. From the audience, Olivia Masoja, Liverpool Coordinator for Polish Migrants Organise for Change (POMOC) and EUSS advisor, asked about what data we have on how the EUSS impacts Black Europeans. Tania Gessi from the Roma Support Group outlined a long list of organisation achievements, which collectively supported 2,000 Roma residents to secure their status. The organisation continues to advocate for physical proof of (pre-)settled status alongside many in the sector, as Roma are particularly disadvantaged when it comes to digital access. She also made a crucial point on the ‘evidence’ in ‘evidence-based policy’. The organisations who have the most direct and meaningful links with EU citizen groups are usually small, lack funding and have limited capacity. Practicalities often mean that they cannot fully contribute to Government consultations on policies that directly impact the communities they work with.
“We need to know what the rights of the Withdrawal Agreement are – we need the government to implement them, and then we need to dismantle administrative barriers that otherwise render those rights meaningless.”, concludes Prof Charlotte O’Brien and Dr Alice Welsh, recommending that we speak about a ‘Withdrawal Agreement status’ when advocating for EU citizens. Adis Sehic, on behalf of the Work Rights Centre, concluded the panel by drawing together some common themes on the question of what would make advocacy in this space more effective - such as the importance of sharing insight and data in the sector, the power of representation through lived experience advocacy and a call to the Home Office to focus on genuine, rather than performative engagement with communities affected by immigration policies.
Keynote speakers from left to right: Sir Stephen Timms MP, Sir Ashley Cox Chairman of the Independent Monitoring Authority and Daniel Fleischer-Ambrus from the EU Delegation to the UK.
Before a delicious afternoon tea provided by the expert parliamentary catering staff, the event was concluded by three keynote speakers. Sir Stephen Timms drew on experiences from his constituents to support what has been said by NGOs in the panel and called for a continued parliamentary focus on scrutinising the EUSS. He was followed by Sir Ashley Fox, Chair of the IMA, who offered an overview of the IMA’s activity since its launch, not least the IMA’s success in the landmark High Court challenge against the Home Office, where the court found that it was unlawful for EU/EEA citizens to lose their rights if they failed to either apply for settled status, or in some circumstances re-apply for pre-settled status, before the expiry of their pre-settled status. The Home Office is currently considering whether it wishes to appeal the High Court’s decision. Finally, a much needed EU perspective was provided by Daniel Fleischer-Ambrus on behalf of the EU Delegation to the UK, underlining the EU’s commitment to protect the Withdrawal Agreement rights of its citizens in the UK and to work proactively with all of the affected communities and relevant stakeholders.
If there is one conclusion to draw from such an information and experience-rich afternoon of discussion, it is that the EU Settlement Scheme is far from a done and dusted issue. The deadline seems a long time ago now, but the need for advice, scrutiny, monitoring and advocacy remains as important as ever, and is likely to remain so long into the future.
Photo credits: Grace Cooper.