Immigration: EU Nationals

Home Office written question – answered on 21st February 2019.

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Photo of Jo Stevens Jo Stevens Labour, Cardiff Central

To ask the Secretary of State for the Home Department, what assessment his Department has made of the risks that the opt-in process for applying for settled status poses for people with a mental incapacity.

Photo of Caroline Nokes Caroline Nokes The Minister for Immigration

The Home Office requires EU citizens to ‘opt-in’ to the EU Settlement Scheme by making an application as an immigration status cannot be granted without the consent of the individual. Furthermore, there is no record of which EU citizens are currently resident in the UK, so individuals must identify themselves in order to apply to the scheme.

The Home Office has put in place a comprehensive vulnerability strategy to ensure that the EU Settlement Scheme is accessible for all, including those requiring someone to make an application on their behalf.

A user group of external stakeholders who represent the needs of vulnerable individuals has been established to work with the Home Office to understand relevant risks and issues and to ensure the right support arrangements are in place for applicants, including those with mental incapacity. We are also engaging with relevant stakeholders such as the Department for Health and Social Care, Local Government Association and Association of Directors of Adult Social Services to assess the needs of this group and ensure they are met.

It is possible for someone to apply to the Scheme on behalf of someone with a mental incapacity. The Home Office will accept a range of evidence of identity and residence on behalf of an applicant. In addition, where someone misses the deadline for their application for a good reason, they will be given a reasonable further period in which to apply.

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