SCOTLAND’s Europe Minister has said the Home Office must deal with a backlog of a third of a million EU citizens who want to remain in the UK.
Jenny Gilruth said that with thousands in Scotland likely to be affected by the backlog, it is unacceptable that so many faced uncertainty about their status with just over a week until the UK Government’s deadline for applications – which the Scottish Government believes should be extended beyond June 30.
Around 276,600 EU nationals living in Scotland had applied to the UK Government for settled status by the end of May, but figures showed that, by then, a backlog of 334,500 applications had built up – a rise of 29,500 from the previous month.
By the end March, 250,040 of the then 263,220 applications from Scotland had been dealt with – with 141,220 granted settled status, and a further 102,000 granted pre-settled status.
READ MORE: Push for EU citizens to apply for Settled Status before end of the month
However, the Scottish Government has insisted all successful applications to the scheme should be granted full settled status.
Holyrood ministers also believe EU citizens should not have to be resident for five years or more to be awarded settled status and argue that those living in the UK should not need to apply to retain the rights they already have to live, work and study in Scotland.
Gilruth said: “With only days to go to the deadline, it is deeply concerning that hundreds of thousands of applications – many of which will very likely be from our fellow citizens who wish to stay in Scotland – have yet to be processed by the Home Office.
“Since the Brexit referendum five, long years ago, EU citizens, who contribute so much in so many ways to our society, have been forced to live with unacceptable levels of uncertainty as to how Brexit will affect their lives, their careers and their families.
“It is just wrong that EU citizens who fail to apply by the deadline will suddenly become unlawfully resident in the UK.
“So, the UK Government should make the commonsense decisions to extend the deadline, clear the backlog – and reform the scheme.”
Immigration lawyer Usman Aslam said he sympathised with the Scottish Government and Gilruth, as well as those affected.
He said: “The reality is that the transition period has ended. I read a Home Office paper just last week that gave an assurance that so long as you [European Nationals/Family Members] were living in the UK prior to 31 December 2020, and that you apply before the current deadline, the Home Office will treat you as lawfully resident even beyond June 30, 2021, until you get a decision, regardless of whether you were exercising treaty rights or not.
“Of course, it isn’t great for those waiting but so long as they apply and were resident before December 31, 2020, then they are protected.”
Aslam, from Glasgow firm Rea Law, added there were some practical concerns that had to be addressed, such as how many people will fail to apply for reasons outwith their control.
“That could be those who were set up to move to the UK to apply, but couldn’t because of Covid-19,” he said.
READ MORE: Refugee’s experiences show issues with Home Office plans for immigration overhaul
“Other concerns will be those who are granted pre-settled status when they ought to have been granted settled status.
There is also uncertainty behind the online electronic status, where individuals granted, will require to login online to show the relevant person that they have status, rather than a physical residence permit.
“The Home Office could offer letter of assurances to those awaiting a decision as whilst there is a mechanism in place for employers to check if someone has the right to work, often employers are reluctant to follow this, and they don’t risk employing that individual because of Home Office fines of around £20,000.”
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