Immigrants: EU Nationals

Home Office written question – answered on 18th December 2018.

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Photo of Paul Blomfield Paul Blomfield Shadow Minister (Exiting the European Union)

To ask the Secretary of State for the Home Department, with reference to Immigration Rules Appendix EU paragraph 15(a) and (b), in cases where there is an existing deportation or exclusion order at the date of application, whether caseworkers will make a case-by-case assessment of current threat in accordance with Article 27 of Directive 2004/38/EC prior to a refusal or granting of settled status.

Photo of Paul Blomfield Paul Blomfield Shadow Minister (Exiting the European Union)

To ask the Secretary of State for the Home Department, with reference to Immigration Rules Appendix EU paragraph 15(a) and (b), where evidence arises that could lead to the issue of a deportation or exclusion order, if the assessing caseworker will make a case-by-case assessment of current threat in accordance with Article 27 of Directive 2004/38/EC prior to refusal or granting of settled status.

Photo of Caroline Nokes Caroline Nokes The Minister for Immigration

In line with the draft Withdrawal Agreement with the European Union, criminality and security checks will be carried out on applications for status under the EU Settlement Scheme.

Applications will be assessed on a case-by-case basis and any conduct (including any criminal convictions relating to it) be-fore the end of the planned implementation period on 31 December 2020 will be assessed according to the current EU law public policy and security tests for deportation or exclusion. These are set out in the Immigration (European Economic Area) Regulations 2016, in accordance with Article 27 of the Free Movement Directive.

Consistent with the draft Withdrawal Agreement, an applicant will be refused status under the scheme on the grounds of suitability where, at the date of decision, the applicant is subject to a deportation order or a decision to make a deportation order, or to an exclusion order.

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