UK immigration status leaves two million EU citizens at risk

Two million EU citizens are reportedly at risk of deportation from the UK because of their temporary immigration status, according to the Oxford Migration Observatory. Based at Oxford University, the Migration Observatory has warned that EU citizens with pre-settled status face removal from Britain.

Pre-settled status requires foreign nationals to reapply for their UK immigration status within five years or risk becoming ‘irregular’ migrants. The status was given to people who were resident in the UK prior to the end of free movement on 31 December 2020 who were unable to provide proof that they had been in Britain for more than five years by 31 December, 2020.

EU citizens who failed to reapply by the deadline would lose their right to live, work and access housing in the UK. Certain other benefits would also be cut off and the Home Office would have the power to remove so-called irregular migrants from the UK.

Unaware of the situation

Oxford Migration Observatory researchers fear that many people are unaware of the situation, while criticising the design of the scheme, which presents challenges when it comes to preventing people from slipping through the cracks.

Dr Marina Fernandez-Reino, the senior researcher at the Migration Observatory, and author of the report into the perilous position some EU citizens find themselves in, said: “People often look at the fact that over five million EU citizens have applied successfully to the EU Settlement Scheme, and assume that the job is basically done. It isn’t.”

“For some of the two million people with pre-settled status, the process will actually be harder than it was the first time around. While most applicants will find the process very straightforward, more vulnerable groups could struggle,” she added.

Dr Fernandez-Reino went on to argue that some people have found it much harder to engage with the reapplication scheme over the last three years, including people who are victims of abuse, those with poor English speaking skills and people with health problems.

“Many of the same groups will struggle to secure permanent status, especially if there is less support available to them in the coming years,” she said.

Government imposed requirement

The five-year requirement was introduced by the UK government for full settled status, despite Brexit-backing ministers promising that nothing would change for EU citizens during the Brexit referendum.

Oxford Migration Observatory researchers have warned that a second application to move out of pre-settled UK immigration status is ‘more onerous’ than the initial application because additional documentation is needed. Plus, there are concerns over the level of support that is available to applicants.

Meanwhile, researchers have also pointed out that unlike the initial application process, the second application process will have different deadlines for each applicant. It’s been argued that this will present challenges for raising public awareness.

The Migration Observatory’s report states: “A system with two different status outcomes instead of one inevitably increases the complexity of the scheme and the risk that some people fail to understand the differences between the two statuses, including the need to reapply if they hold pre-settled status.”

“Some applicants won’t be aware of their pre-settled status expiry date or their settled status eligibility date. In fact, support organisations interviewed for this project expressed concerns that some of those receiving pre-settled status have not understood that it was temporary, and that they need to apply a second time for permanent residency,” the report adds.

Independent Chief Inspector of Borders and Immigration

Meanwhile, evidence provided by the Independent Chief Inspector of Borders and Immigration supports the Oxford Migration Observatory’s claim that vulnerable applicants with a limited understanding of English will struggle to know the difference between pre-settled and settled status.

In response to a written parliamentary question about the five-year scheme, Conservative Home Office Minister, Baroness Trafford, said: “It has been the UK’s long-standing position that EU citizens and their family members granted pre-settled status under the EU Settlement Scheme will have to apply for settled status before their pre-settled status expires in order to stay in the UK.”

“This will ensure they have the immigration status, and secure evidence of this, which they will need to access their rights and entitlements in the UK for years to come. Requiring an application for settled status enables us to confirm the person has fulfilled the requisite criteria and passes appropriate criminality and security checks,” she added.

Baroness Trafford insisted that those who need to make an application will be reminded, and said that the government will also allow for late applications provided that there are ‘reasonable grounds’ for doing so. 

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