THE cases come in day after day – an elderly lady with Alzheimer’s living in the UK since the 1930s but not guaranteed the right to remain after Brexit, a German woman living in Scotland for 23 years but not granted settled status after she fled domestic abuse, a Polish man refused benefits when he fell ill and threatened with eviction despite paying tax for 15 years.
Citizens Advice Scotland claims it is now helping hundreds of EU citizens every month to gain settled status ahead of Brexit, despite claims that the process should be straightforward for everyone to achieve.
The charity launched its EU Citizens Support Service in April with funding from the Scottish Government and later the Home Office.
It has so far helped 1848 people in its 59 Scotland-wide bureaux. A further 705 have been supported by its helpline.
It is now calling on all concerned EU citizens with complicated cases – including those who do not have paperwork to prove their residency over five years, people paid cash-in-hand or without residency permits and others without IT or language skills or access to a smartphone – to get in touch.
It claims that the need to apply for settled status is “redefining vulnerability”, with people who have lived without problems in Scotland for decade now coming to them feeling frightened and vulnerable.
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Last week, Home Office minister Brandon Lewis told a German newspaper that the UK will deport EU citizens after Brexit if they do not apply for the right to remain in time, even if they meet the criteria.
Campaign group The3million, representing EU citizens in the UK, said this was “no way to treat people”.
However, the Home Office stressed people have until “at least” December 2020 to apply – the deadline to apply if the UK leaves the EU without a deal on October 31. If a deal is agreed the date will be put back until June 2021.
Citizens Advice Scotland chief executive Derek Mitchell told the Sunday National: “We are redefining vulnerability here. For me, this is a simple human rights issue and recognition of that should be taken if there is a No-Deal Brexit. To my mind, the timescales should not be narrowed [in that case] – they should be the same if not extended. Our organisation stands up and gives a voice to anyone who doesn’t have one and we don’t want to see anyone deported against their will. That is simply something we do not want to see happen.
“My take is that these are people who are contributing to society and to the communities they live in. It wouldn’t be my choice to make them go through this process. But now this is the situation and we will help them to get through it.
He continued: “It’s the most vulnerable we worry about. For most people who are IT literate and can prove they have been here for five years, it should be a pretty straightforward process. But not everyone is in that position. So we would encourage people to come to us – that’s why we are providing this service.”
Hamish Fraser, EU Citizens Support Service adviser, added: “We had a woman today who was 88 years old and has been in the country since the 1930s. She has Alzheimer’s and is in a care home. We are now contacting the Home Office data centre to get a paper version of the form – which is very difficult to get hold of – and we’re working through that with her son so she can get her settled status.”
In another case, project advisers are working with a German woman who was a stay-at-home mother for 23 years before fleeing her abusive partner. She does not have a passport or ID card or the money to purchase one.
Fraser has written to the consulate asking for an urgent appointment and requested emergency funds to pay for the woman to receive a new passport, after which she will be helped to get settled status.
He admitted that the stakes were high for many people they are helping, who may not be protected by legislation after 2020, leaving them vulnerable to the “whim” of the UK Government. But he said advisors are well-placed to help.
“We are trying to give people plain and simple facts about what they can do,” he added.
“All of our advisers are highly trained and are giving specialised advice because that is what they are doing all day, every day. It is challenging but we have good resources that we can use to keep up to date. People should come to us to get the advice.”
A statement from the Home Office said: “We have received two million applications and are looking for reasons to grant status, not refuse, and EU citizens have until at least December 2020 to apply.”
Case study: ‘We still have these little worries at the back of our heads’
CSABA Tondor has always had a complex national identity. Born in Romania but brought up in Hungary, he has dual nationality. His wife is Russian, his oldest daughter, who is nine, was born in the US and his youngest, now five, was born in Scotland.
The family have lived in Inverness for eight years after Tondor was refused a Green Card in the US, where he was living in Maine, not far from Nova Scotia and working three jobs – as a concierge, restaurant supervisor and interpreter.
His employer offered him a transfer to Scotland after the residency card was refused.
“We moved from near Nova Scotia to the real Scotia,” he laughs.
“After eight years here I’m very happy here. It’s safer, cleaner and the education and healthcare are better.”
But when the UK voted to leave the EU back in 2016 he was worried. “I’d gone through being refused in the United States and I’d paid my taxes and hadn’t as much as had a parking ticket,” he says. “I came here as an EU national and my wife had a residency card, but it did make us concerned.”
He decided not to take any risks and went to his local Citizens Advice Bureau for help. “They were so helpful,” he says.
“They did all the paperwork and made sure they had the right photos and within 10 hours I had confirmation that they were working on my case.”
After a further 12 hours, he was granted settled status.
His wife’s case was more complicated – the family was warned it would take six weeks – but a few days ago her status was also granted.
“It’s been so great to have someone to talk to, who can also pick up the phone and talk to a real person,” he says of the service.
“We still have these little worries at the back of our heads so now we plan to apply for UK citizenship as a family. But this has been such an important step on the way to making us feel secure.”
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