The ‘overly complex’ post-Brexit settlement scheme was putting ‘millions of people at risk of wrongly losing their jobs, homes and access to healthcare and benefits’, according to new research by a law reform charity.
The report by JUSTICE, which draws on the experience of both lawyers and those with firsthand experience applying the EU settlement scheme (EUSS), argues that the government is ‘falling below’ necessary standards in supporting the rights of eligible EEA nationals. As of December 2023, the scheme has processed 7.7 million applications, averaging between 15,000 and 20,000 per month. Despite these figures, many eligible individuals and families remain unaware of the requirement to update their immigration status from pre-settled to settled. This lack of awareness puts 2.8 million at risk of ‘dire consequences’ affecting their employment, housing, and access to essential health and welfare services. This figure doesn’t even account for those who are unaware of the initial need to apply, nor does it encompass individuals who have already applied yet are ‘beset by backlogs and delays’.
The report in particular criticises government departments involved in the EUSS, such as the DVLA, DWP, HMRC, and especially the Home Office, where applications are being ‘wrongfully refused’ due to caseworkers struggling to ‘understand and consistently apply’ complex guidance. It stresses an urgent need for departments to adopt an ‘effective communication strategy’ to ensure that ‘potential and current applicants, as well as status holders’ receive timely information about the scheme. The report cautions that a failure to achieve clear and consistent processes risks undermining the fundamental principle of the ‘rule of law’, which requires that all UK laws be ‘intelligible, clear, predictable, and accessible’.
The report also highlights the vulnerability of certain groups, including the elderly, the disabled, victims of domestic violence and slavery, and others facing significant hurdles in securing their status under the EUSS. Stephanie Needleman, Legal Director at Justice, commented on this issue, stating, ‘For millions of EEA nationals and their families, the EUSS represents the gateway to access their rights. However, for many – particularly those who find themselves in vulnerable circumstances – it is not operating effectively’. In 2019, the Justice Gap highlighted concerns about how the EUSS could impact ‘hard-to-reach groups’. The report advocates for reforms to address ‘outdated and culturally insensitive criteria’, stressing the importance of a compassionate and inclusive approach to post-Brexit immigration.
