EU citizens living in the UK will be stripped of their freedom of movement, housing and social security rights by Home Office legislation introduced to regulate immigration following Brexit.
Despite repeated government reassurances that their privileges will be protected, a study by the joint committee on human rights (“JCHR”) has concluded that more than three million Europeans living in Britain will be left in legal limbo. The cross-party committee, whose members are drawn from the House of Commons and the House of Lords, argues that EU citizens’ rights should be protected by primary legislation rather than statutory instruments approved by ministers at a later date.
The JCHR also cautions that Irish nationals’ rights, guaranteed by separate common travel area agreements, would be diminished and their ability to bring in a spouse from a non-EU state, for example, would be limited.
It was thought that removing their rights without having a legislative alternative in place would raise significant human rights issues which the wide statutory instrument-making powers do little to satisfy. Without the robust protections, individuals could be left in a precarious position over such issues as housing, social security and property rights.
The recommendations of the JCHR, aim to maintain the human rights protections of EU citizens so they are not be stripped away after Brexit. A vague promise that everything will be worked out in the future is not sufficient. The JCHR are seeking to entrench rights guarantees back into the wording of the legislation.
One of the recommendations of the report is that the government’s proposed EU citizen registration scheme should provide physical proof of status. There are also concerns about vulnerable persons being at risk of missing the registration deadline or encountering other difficulties with the EU settlement scheme.
EU citizens have until 31 December 2020 to make an application under the scheme. In January, unilateral assurances were given to EU nationals and their family members resident in the UK that they would be able to stay if the UK leaves the EU without a deal. Other policies for example relating to social security coordination are yet to be decided, but the government has been clear that EU citizens and their family members in the UK at the point of exit will continue to have broadly the same access to benefits and services as they do now.
A Home Office spokesperson has reiterated that the government is committed to protecting the rights of the millions of EU citizens living in the UK. It has launched a nationwide marketing campaign to encourage EU citizens to apply for the scheme, with other activity planned over the next two years to ensure people understand what it is they need to do in order to register.
