Commons Sense

House of Commons · Ministerial Statement

Citizens’ Rights

14 December 2023 · 8 other contributors

Opened by Leo Docherty Con Constituency

Brexit

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Leo Docherty raised concerns about citizens’ rights in the House of Commons. A government minister responded. Other MPs also contributed.

Key points

  • UK Government made a statement on the implementation of citizens' rights agreements for EU citizens in the UK and UK nationals in the EU.
  • Annual reports from the Independent Monitoring Authority and the European Commission inform the statement.
  • Fewer than 500 complaints combined over two years among millions of beneficiaries indicate minor issues.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Government Statement

Leo Docherty

The UK Government has made a statement on the implementation and application of citizens' rights agreements for both EU citizens in the UK and UK nationals living in the EU, based on annual reports from the Independent Monitoring Authority (IMA) and the European Commission. The overall picture is positive with only minor issues reported by IMA and the EC, involving fewer than 500 complaints combined over two years among millions of beneficiaries. Key points include a constructive dialogue between UK Government and EU bodies to uphold obligations under the withdrawal agreement; continued pressuring for rectification of issues affecting UK nationals; encouragement for member states to publish detailed data on residence schemes; ongoing work to ensure UK nationals have equal rights in accessing property purchase, family reunification provisions, and visa-free travel. The EU settlement scheme has seen nearly 7.6 million applications with over 5.7 million obtaining status by September 2023. Support mechanisms such as the grant-funded network of organisations and We Are Digital are available for applicants. The Government remains committed to working closely with IMA, EC, and other bodies to ensure correct implementation.

Other contributors (8)
  • Stephen Doughty Lab Co-op Cardiff South and Penarth

    Question

    Mr Doughty raised concerns over inconsistencies in data provided by individual countries, the issuance of residence cards, especially in Portugal, family reunification challenges with delays and refusals across various member states, and particular issues in Sweden where high refusal rates are causing anxiety for citizens. He sought updates on discussions regarding these matters.

    Minister reply

    The Minister acknowledged ongoing efforts to address data inconsistencies and is engaging with EU counterparts to ensure comprehensive reporting. Regarding residence cards, he confirmed that steps are being taken to resolve the issue of delays in Portugal and other countries. On family reunification challenges, continuous dialogue is maintained to improve processes and communication, while specific concerns raised about Sweden have been addressed by bilateral discussions to reduce refusals and enhance support for affected individuals.

  • Stephen Doughty Lab Co-op Cardiff South and Penarth

    Question

    Mr Doughty inquired about the impact of legal cases on ordinary and permanent residents' rights, fees charged by some countries like Latvia, and potential family separation due to inconsistencies. He also questioned how equality of treatment is ensured under articles 12 and 23 of the withdrawal agreement.

    Minister reply

    The Minister responded that legal cases have been carefully considered to ensure the protection of residents' rights as per EU-UK agreements. Regarding fees, discussions with member states are ongoing to reduce costs for citizens. For family separation issues, the UK continues working closely with relevant bodies to minimise such occurrences through clearer guidance and support services. On equality of treatment, efforts are made to monitor and enforce compliance across all areas including tax, property access, education, and healthcare.

  • Stephen Doughty Lab Co-op Cardiff South and Penarth

    Question

    The MP thanked the Minister for his statement, commending constructive dialogue but raising concerns over data inconsistency, residence card issuance issues in Portugal, high refusal rates in Sweden, family reunification delays, fee structures like €200 in Latvia, equal treatment under articles 12 and 23 of the withdrawal agreement, lack of specialised legal advice, and addressing EU citizens' status. He also questioned the Home Office's progress on late applications and school trips between countries.

    Minister reply

    The Minister acknowledged challenges but emphasised ongoing work to improve data consistency and bilateral discussions with member states like Portugal, Sweden, and Denmark at high levels. He offered to write to the MP regarding fees in Latvia and unresolved family cases. The Minister also highlighted comprehensive consular support available for citizens seeking help.

  • Robin Walker Con Mid Worcestershire

    Question

    The MP congratulated his hon. Friend on the statement, acknowledging the positive progress but sought reassurance that issues are raised to the highest levels of government and addressed consistently.

    Minister reply

    The Minister thanked his hon. Friend for his question, affirming that citizens' rights receive high-level attention including discussions between the Foreign Secretary and EU officials.

  • Brendan O'Hara SNP Argyll, Bute and South Lochaber

    Question

    O’Hara raised concerns regarding the route via which rights were applied for EU citizens living in the UK, questioning whether their rights are guaranteed by the withdrawal agreement or solely by domestic law. He also addressed issues related to digital-only immigration status for 6 million EU citizens and highlighted that these individuals may face challenges without physical documentation due to the Home Office’s poor track record of file maintenance. O’Hara further inquired about those granted pre-settled status but unable to evidence five years of continuous residence, suggesting that such individuals might not have access to social security benefits despite their rights under the withdrawal agreement.

    Minister reply

    The Minister responded by affirming that the withdrawal agreement guarantees the rights of those joining family members with settled status and no one’s rights will be undermined by any other factor. He acknowledged the digital age and provided assurance that a dedicated resolution centre is available for individuals struggling with digital means, ensuring recourse to assistance.

  • Sara Britcliffe

    Question

    Britcliffe inquired about the readiness of monitoring changes in law with EU member states and informing British nationals of any changes that are made. She asked how this would be done.

    Minister reply

    The Minister assured that information will primarily be sent out via their extensive consular network for UK nationals living in the EU, particularly highlighting connections with local communities to ensure residents are kept up to date.

  • Jamie Stone Lib Dem Caithness, Sutherland and Easter Ross

    Question

    Stone explored the Minister’s thinking on the ability of youngsters to travel around Europe and meet other Europeans, learning languages and cultures. He suggested that this has been a tremendous exercise in peacemaking and understanding for the whole of Europe.

    Minister reply

    The Minister acknowledged the importance of young people travelling and experiencing foreign cultures and education in different languages. He stated that they are open to discussions about a more sustained mechanism for ensuring that young people from Europe can always study in the UK.

Shadow Comment

Stephen Doughty

Shadow Minister Stephen Doughty welcomed the engagement between UK Government and EU on citizens' rights but highlighted persistent issues such as data inconsistency, delays in issuing residence cards, high refusal rates in certain countries like Sweden, concerns over fees for status upgrades, and lack of communication and information regarding these issues. He called for clearer communication with British citizens affected by these problems, particularly addressing equal treatment under the withdrawal agreement across various areas including tax, property rights, health access, and education. Concerns were also raised about EU citizens in the UK facing similar challenges and the need for clarity on determining remaining cases within the EU settlement scheme.

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