For the Attention of
Mr Mark Lloyd,
Chief Executive,
Local Government Association,
18 Smith Square,
Westminster,
London SW1P 3HZ
Dear Mr Mark Lloyd,
The3million is a grassroots organisation acting as the voice of more than three million EU27 citizens and their families in the UK, who are currently held in limbo as they await a final agreement between the EU and UK negotiators on their status after 29 March 2019.
We are writing to you as we think that local government may well be required to play a vital role in the registration process that would allow EU27 citizens and their families to continue to live, work and study in this country. We are aware that differences still remain over whether the registration process is to be merely declaratory, as demanded by the European Parliament, or obligatory, as an application for "settled status" (rather than mere registration), as currently proposed by the UK government. Either way, some form of registration is going to take place, with details resolved during the second phase of negotiations this Spring.
It seems difficult to imagine that with the best will in the world the Home Office will be able to successfully register more than three million citizens under the proposed online application proposals within a limited space of time. There will be a separate status for those here for more than 5 years and for those with less than 5 years of residence, including those likely to arrive during the proposed transition period between March 2019 and March 2021. We estimate that more than 3000 citizens would have to be processed each working day for the registration scheme to work. The Home Office has proposed to start the application scheme for "settled status" by the middle of this year on a voluntary basis, even though the final details of the scheme have not been defined or agreed as part of the Withdrawal Agreement and there would be no rights of appeal attached to this pre-Withdrawal Agreement ‘voluntary status’.
There have been consultations with many "user groups", including the3million, but they have largely been limited to the mechanics of how an online application system under the "settled status" proposal would work. Assurances have been given that an application for "settled status" will be based on checking identity, email number, residence (through HMRC and DWP records) and criminal records as well as security checks, and in the case of those residents here legally for more than 5 years, that there will be no questions about income. However there would be checks of recent long absences which would necessitate building up to 5 years again.
Home Office officials have told us they want to keep the application process firmly in their own hands via an online system, and to minimize non-online applications, for instance in case of "hard to reach" groups, even though it is clear that at least 5-10% of the 3 million or so EU nationals will not be IT literate. Cooperating with local councils has been considered by the Home Office, but they have stated their preference to recruit and train their own Home Office staff for this online application task. They are recruiting several hundreds more staff just for the online application period. However, the "hostile environment" created to counter illegal immigration has also impacted on "legal" migrants and has seen many EU27 citizens threatened with deportation. In meetings, different citizens groups’ representatives were assured that Home Office officials will undergo "a culture change", to dispel prejudice in their staff and allow for corrections and re-submission when required information has been omitted. Despite these promises we remain sceptical about the fairness, the efficiency and the supposed new groundswell of good will at the lower levels of the Home Office in this operation, and this scepticism is borne out with many examples of denial of access to justice, an understaffed and under-resourced Home Office and, on occasion, even non-compliance with court orders by the Home Office.
We have argued repeatedly that, to make it possible to register more than three million citizens in the space of two or so years, local government will need to be involved and indeed, to play a vital and leading role. We are convinced that registration of some 3 million citizens can only work if there is a light touch, local registration system purely based on residence and ID. Local government maintains electoral records, details of council taxpayers, register of births, deaths and marriages, social services records and school rolls and so is ideally placed to assist with information, where necessary regarding length of residency, relevant for the application and registration process. They also have registration processes in place and, with increased resources and capacity, could assist the Home Office with the process. This is also the view of many MPs and members of the House of Lords, as well as some Council leaders we have consulted.
With many EU27 citizens now regrettably wary of the Home Office, it is also not unlikely that many may resist going through an online application process where the pressing of a wrong button can cause you to be exposed to the "hostile environment". Others would not be informed properly about the process and the dire consequences if they fail to register within the required period. We are also worried about how difficult it could be to reach groups who may not be able to access an almost exclusively online system. On the other hand local government would be ideally placed to contact people they have on record and let them know about the need to register and can offer a local registration service rather than the proposed online application for "settled status" process.
We are convinced that, at the very least, the Home Office could engage local authorities in informing their own local EU27 residents of the need to apply for or register the proposed post-Brexit status. A useful opportunity would be as part of the electoral literature sent out by councils before the May local elections.The Home Office has been urged to explain clearly the current proposal for "settled status" and how this would differ from the current declaratory status, and the potentially serious consequences of non-application for "settled status" compared to the lesser consequences of simply registering an existing right.
Before we press this further with the U.K. government we would like to consult your organisation in order to obtain your view on these issues and to better understand how local authorities in England are preparing for the departure of the UK from the EU. The3million, as representatives of the EU27 citizens in the UK, would be happy to be considered as a consultative body and provide information where this may be helpful to you and the councils you represent. We would also urge you to consult the the3million publications and "Hostile Environment" pages for insight into our registration proposal (The Alternative Proposal) as can be found on the following link from our website: https://www.the3million.org.uk/publications.
We look forward to hearing from you or to discuss these matters further at a meeting,
Yours sincerely,
Wiktor Moszczynski
(former Borough Councillor)
Senior Adviser
The3million
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