Brexit: Residence Rights

Debate between Baroness Williams of Trafford and Baroness Ludford

Wednesday 1st February 2017 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, I will now give the Answer on my answer paper. We continue to make the application process quicker and easier. In October 2016, the facility for single EEA applicants to apply for documents certifying permanent residence status online was launched. We are currently working to expand this service further. In addition, the date on which applicants are deemed to have acquired permanent residence status is clearly notified to them so they are clear on when they can pursue an application for British citizenship.

[Baroness Ludford]

My Lords, recuperating myself, I am most grateful for that Answer. I am gratified if there have indeed been improvements, because given the Prime Minister’s claim about making the country fairer, I wonder how it is fair to make EU nationals—who have an automatic right to permanent residence after five years, as the noble Lord, Lord Bridges, confirmed in a debate last week—go through what many have said is a horrendous process to get a document from the Home Office attesting to that right. I have been told by the BMA that people cannot even fill out the 85-page document online. Can the Minister assure me that accounts of people being asked for reams of documentation, or receiving letters wrongly telling them that they have to leave immediately, are at an end?

[Baroness Williams of Trafford]

As I say to the noble Baroness, the system has been vastly improved. Having acquired permanent residence under the Immigration (European Economic Area) Regulations 2006, an individual must have 12 months free from immigration restrictions before pursuing an application for British citizenship. The inclusion of the date on which an applicant is deemed to have acquired permanent residence helps to inform applicants about the point at which they are eligible to apply for British citizenship. That removes the uncertainty surrounding the process and the cost to the applicant of submitting an application that might be refused on the basis that they have not been free of immigration restrictions for the required time.

European Union: Freedom of Movement

Debate between Baroness Williams of Trafford and Baroness Ludford

Thursday 12th January 2017 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I think I did answer the noble Lord’s question. Each member state implements the free movement directive through their respective domestic legislation, all of which have different nuances within them.

[Baroness Ludford (LD)]

My Lords, I thank the Minister for that confirmation that EU law on free movement is sound and not a charter for layabouts or benefit scroungers and that, if the strict conditions for eligibility are not enforced, that is a failure not of Brussels but of the UK Government and notably the Home Office, which the Prime Minister presided over for six years. Will the Minister offer the further reassurance that EU free movers contribute enormously to our economy, to the Treasury and to our society, and that it is a two-way street, with millions of UK citizens having taken advantage of EU free movement rights?

[Baroness Williams of Trafford]

My Lords, I do not disagree at all that the EU free movers contribute to the economy. We were talking yesterday about doctors, nurses and various other people who contribute to the public sector. I cannot remember the first part of the question, but I think I answered it previously. Each country enshrines the free movement directive in its own legislation.

Brexit: Immigration Policy

Debate between Baroness Williams of Trafford and Baroness Ludford

Wednesday 30th November 2016 Lords Chamber

[Baroness Williams of Trafford]

I thought I had explained it quite clearly.

[Baroness Ludford (LD)]

Do the Minister and the Government accept that there is cross-party support for the Government to give a unilateral guarantee to EU nationals? We just heard the noble Lord, Lord Forsyth, and the noble Viscount, Lord Hailsham, saying publicly on her Benches that that would give that stability and is the morally right thing to do. By setting an example, it would give us the good will and make it impossible for the 27 countries not to reciprocate for British nationals in their countries. It would cut the Gordian knot and it is the right thing to do.

[Baroness Williams of Trafford]

My Lords, I think I have just explained why that might be a foolish position.

Brexit: EU Citizens

Debate between Baroness Williams of Trafford and Baroness Ludford

Monday 24th October 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, people are not bargaining chips, but the whole negotiating process has to be taken in the round. I absolutely acknowledge when the noble Lord says—because I hope I might be included as one of them—that EU nationals have made a great contribution with their skills and what they have done for this country.

[Baroness Ludford (LD)]

My Lords, is false reassurance being given to EU nationals who have been here for five years? They are told that they are fine, but my understanding is that their rights are under EU law and, presumably, would not persist beyond our exit, so they would have to translate that into domestic law through something like indefinite leave to remain. Can the Minister confirm that that is the case?

[Baroness Williams of Trafford]

My Lords, again I cannot comment on what will be the subject of negotiations. However, I can confirm that EU nationals who have been continuously and lawfully resident in the UK for five years automatically acquire a permanent right of residence under EU law. This will not change, as long as the UK remains in the EU.