Starmer Faces Pressure to Overhaul Flawed EU Settlement Scheme

Jul 23 2024

UK Immigration

The new Labour Prime Minister has been urged by 76 grassroots immigration groups to address the ‘broken’ EU settlement scheme. This call to action is driven by a significant backlog of applicants, which has reached a peak of 136,000, as well as concerns over a potential repeat of the Windrush scandal.

The organisations, including ‘the3million,’ are primarily concerned with the enormous backlog. They highlight the Home Office’s failure to manage the overwhelming demand for the scheme, which undermines EU nationals’ ability to travel in and out of the UK and prove their status to employers and landlords, affecting their employment and residence. The3million has calculated that, as of December 2023, over 10,000 individuals have been waiting for a decision for two years.

They propose that the Home Office automatically grant settled status on the fifth anniversary to those with pre-settled status. While they understand that the Home Office may face backlash for relaxing eligibility criteria and potentially granting residence to individuals who may not qualify, the grassroots organisations argue that the impact of such errors would be less severe than leaving the backlog unaddressed.

Additionally, attention is drawn to how many families are unaware of their need to apply to the scheme until a trigger event, such as renewing a driver’s license, changing jobs, or moving house. This situation bears a stark similarity to the Windrush scandal. The organisations urge Starmer to ensure that late applications, which are eligible on all grounds, be accepted by the Home Office. They also advocate that those whose applications are being considered, be granted all the residents’ rights under the Withdrawal Agreement.

Issues with the government’s push to digitise immigration status were further highlighted. The organisations have previously voiced concerns over the lack of physical documentation for EU settled and pre-settled applicants. With the plan for full digitisation after December 2024, they are now emphasising how this is likely to further undermine individuals’ ability to prove their legal status to employers, landlords, and immigration officers, potentially exacerbating their challenges in remaining legally in the UK.

Starmer has reassured the public of his commitment to fostering a positive relationship with the EU and its nationals, leaving observers, including Gherson’s Immigration team, keen to see how he addresses this situation.

Gherson’s UK Immigration team has extensive experience navigating the EU settlement scheme, offering a tailored approach to ensure a swift and successful application process.

If you have any questions arising from this blog, please do not hesitate to contact us for advice, or send us an e-mail. Don’t forget to follow us on XFacebookInstagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2024

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