EU nationals could be caught up in a repeat of the Windrush scandal, a new report claims.
MPs said people who have lived in the UK for years could face uncertainty over their rights and eligibility to remain in the country.
The Commons Home Affairs Committee said it had “serious concerns” that the design of the Home Office’s settlement scheme means many EU citizens are at risk of being left out.
Labour MP Yvette Cooper, who chairs the committee, said: “The Government’s current plans for the EU Settlement Scheme show they are not learning the lessons from the Windrush scandal. The problems faced by the Windrush generation showed how easily individuals can fall through gaps in the system through no fault of their own and how easily lives can be destroyed if the Government gets this wrong.”
Successful applicants to the scheme are granted immigration status confirming their right to continue living and working in the UK indefinitely.
EU nationals and their family members who have lived continuously in the UK for five years can obtain settled status. Those with less than five years’ residence can acquire pre-settled status, which can later be converted into settled status.
The deadline for applying will be June 30, 2021, in a Brexit departure with a deal, or December 31, 2020, if the UK leaves without a deal. It is “vital” that the Home Office gets the detail of the scheme right, the committee’s report said.
It added: “Failing to do so will run the risk of another Windrush scandal. EU citizens – who may have been legally resident in the UK for many years and have made this country their home – could be left in an uncertain situation regarding their rights and eligibility to remain in the UK.”
Ministers faced a furious backlash over the treatment of the Windrush generation after it emerged that long-term UK residents were denied access to services, held in detention or removed despite living legally in the country for decades.
Following test phases, the scheme went fully live at the end of March. But the committee argued that there remains a “lack of clarity” over many aspects. Technical issues have “blighted” the application process, with applicants struggling to navigate the online system without assistance.
It claimed that the Government has failed to mitigate the risk of thousands of EU citizens being left in an “insecure legal position” after Brexit.
The report said: “We believe that EU citizens legally resident in the UK before its departure from the European Union should have their rights protected and their entitlement to remain enshrined in law.”
Government estimates indicate that between 3.5 million and 4.1m European Economic Area citizens and family members could be eligible to apply to the scheme by the end of 2020.
A Home Office spokesman said it disagreed with the committee’s assessment of the scheme, claiming it was performing well.
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