A magistrate believes the requirement of a second application for those who have not resided for five years before Brexit circumvents the Withdrawal Agreement
A judge of the High Court of England and Wales has ruled that the UK government’s method of granting right of abode to EU citizens who resided in the UK before Brexit is illegal. Judge Peter Lane’s conclusion is limited to those who have not lived in the country for five consecutive years prior to Britain’s departure from the European Union.
According to data from the Ministry of the Interior, 2.7 million of the six have community citizenship and a residence permit. They benefit from the Withdrawal Agreement signed by the UK Government and the EU in October 2019. This text contains the general rules about the rights of UK and EU citizens affected by the divorce.
The United Kingdom committed to granting settlement status, almost equivalent to permanent residence, to those who had lived for five years before 31 December 2020, and those who had not yet reached that length of residence, upon presentation of the required documentation, were granted, a predestination. It gives the right to reside, to look for work and to access public services.
But the pre-settleds must apply for settling status when they turn five. The 200,000 who obtained status in 2018, when the trial experience of the application system began, must complete the paperwork to obtain the settlement by August 2023. And if they don’t, they could lose their residence and face eviction.
The lawsuit has been led by the Independent Supervisory Agency (IMA) for the rights of European citizens. It is an entity created by the Home Secretary, who was the defendant. The EU intervened in the matter and the association ‘3million’, an action group representing members of the community, started the protest.
Lawyers for the IMA and the other plaintiffs argued at the hearings that thousands of illegal immigrants could emerge in the UK as a result of forgetfulness or difficulty understanding the proceedings. Children and the elderly, vulnerable people, could be most affected. Only the United Kingdom and Slovenia have introduced two steps in the residence permit process.
According to Judge Lane, the British method is illegal because it does not respect the articles of the Withdrawal Agreement, which set out the reciprocal conditions for permanent residence. “Anyone who submits an application too late does not know whether the government will accept it. That person is illegal in the UK from then on. The consequence that a temporary residence permit is not followed by a subsequent extension is extremely serious,” he writes in his ruling.
A Home Secretary, Lord Murray, has said that “EU citizens are our friends and neighbors and we take very seriously the obligation to defend their rights in the UK.” But he announced that the ministry will appeal against the verdict, saying the method falls “beyond the agreements to protect EU citizens”.
The concern of the ‘3 million’ organization about the decisions to be made by the Interior Ministry is based on the hostile environment towards immigrants that conservative governments have fostered. During her time as head of that portfolio, former Prime Minister Theresa May presided over a program to deport legal residents from the Caribbean who were undocumented because of their age or lifestyle.
‘3 million’ has been complaining since the announcement of the British plan that the application process does not end with the handing over of any document. The status of local residents is recorded in electronic networks, which can be checked at border posts, or by businesses and landlords.
Source: La Verdad
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