Immigration: EU Nationals

Home Office written question – answered on 18th March 2019.

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Photo of Preet Kaur Gill Preet Kaur Gill Shadow Minister (International Development)

To ask the Secretary of State for the Home Department, what estimate her Department has made of the number of EU citizens with a criminal record eligible to apply for (a) pre-settled status and (b) settled status.

Photo of Preet Kaur Gill Preet Kaur Gill Shadow Minister (International Development)

To ask the Secretary of State for the Home Department, whether an applicant for (a) pre-settled and (b) settled status whose application has been refused on criminal records grounds is entitled to appeal that decision in the event that the UK leaves the EU (i) with and (ii) without a deal.

Photo of Preet Kaur Gill Preet Kaur Gill Shadow Minister (International Development)

To ask the Secretary of State for the Home Department, at what stage an applicant for (a) pre-settled and (b) settled status whose application is denied on criminal records grounds would become an unlawful resident.

Photo of Caroline Nokes Caroline Nokes The Minister for Immigration

The Home Office does not hold estimates of the number of EU citizens with a criminal record who are eligible to apply for immigration status under the EU Settlement Scheme.

If the draft Withdrawal Agreement is agreed, the Government will implement that agreement, including a right of appeal in respect of citizens’ rights immigration decisions, through the Withdrawal Agreement Bill.

If there is no deal, a person who is refused status under the EU Settlement Scheme on criminality grounds and who is therefore liable to be deported will, in respect of pre-exit conduct, have a right of appeal under the Immigration (European Economic Area) Regulations 2016. In respect of post-exit conduct, they will be able to make a human rights claim in relation to any deportation decision and, if that claim is refused, they will have a right of appeal under section 82 of the Nationality, Immigration and Asylum Act 2002.

An EU citizen who is refused leave under the EU Settlement Scheme on the basis of their criminal conduct will not have a right to reside in the UK once a decision is made to deport them on criminality grounds.

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