Key Facts

• The new clause aims to ensure children do not become undocumented due to loss of free movement rights.
• Children must be under 18 and living with foster parents, in a residential children’s home, or in another residential setting like a school or secure unit.
• Local authorities are required to identify such children and grant them automatic settled status.
• New clause 58 aims to simplify the process for local authorities applying on behalf of eligible children.
• Around 9,000 looked-after children and care leavers would need to apply under current provisions.
• Only 4% of an estimated 9,000 vulnerable children have settled their status through the EUSS.
• The Home Office has issued guidance to local authorities on their role and responsibilities in supporting applications under the EU settlement scheme for looked-after children and care leavers.
• £9 million of grant funding was provided to 57 voluntary organisations across the UK to support vulnerable citizens applying to the EU settlement scheme.
• A further £8 million has been committed for additional grant funding.
• The EU settlement scheme has over 3 million decisions taken on granting status.
• New clauses 41 and 58 propose automatic acquisition of UK immigration status, which the Government opposes due to potential future confusion.
• Clause 45 seeks to delay application of No Recourse to Public Funds rules during the pandemic.
• New clause 56 seeks to restrict measures prohibiting recourse to public funds.
• New clause 59 requires a report on the impact of no recourse to public funds conditions for EEA and Swiss nationals, including those with children or pre-settled status and victims of domestic abuse.
• New clause 62 would allow EEA and Swiss nationals with dependants under 18 to access public funds.
• The furlough scheme is extended but it is insufficient.
• Limited leave visa holders face unforeseeable events leading to poverty and insecurity.
• Families impacted include single mothers, often from black, Asian and minority ethnic backgrounds, with significant numbers of families including children with special educational needs.
• NRPF rules affect parents working in crucial roles such as care workers, NHS staff, cleaners, and food preparers.
• The High Court found no recourse to public funds policies to be unlawful for failing to account for human rights obligations.
• Support under legislation relating to children is extremely limited with restrictions on free school meals.
• The Greater Manchester Immigration Aid Unit reports delays in lifting the no recourse to public funds condition due to complex application processes.
• Local authority housing services have turned away women subject to this condition from emergency accommodation, leading to at least one woman becoming street homeless recently.
• EU nationals with pre-settled status are ineligible for non-contributory benefits, including disabled people who cannot claim universal credit.
• The new clause would exempt EU, EEA and Swiss nationals with dependants under the age of 18 from NRPF conditions.
• A single mum with two children would pay over £23,000 to settle in 10 years if they started their journey in 2012 without fee waivers.
• Section 17 of the Children Act 1989 is often referred to as the basic safety net for migrant families but offers limited support during austerity and budget cuts.
• Many European welfare schemes are based on different premises compared to UK benefits.
• EEA citizens who apply under the EU settlement scheme secure their rights in UK law and can access benefits as before.
• The Government has provided £8 million to local authorities and charities for assisting vulnerable EEA citizens, adding to last year's £9 million.
• The European Union has a system for deciding which member state should consider asylum claims.
• Section 37 of the EU (Withdrawal Agreement) Act 2020 abolished the requirement to negotiate an alternative family reunion provision.
• Between 2016 and 2018, after Dublin III was introduced, there were an average of 547 family reunions annually to the UK.
• More than 1,600 people have been reunited through the Dublin III mechanism since January 2018.
• The route will end on December 31, 2020, when the transition period ends.
• 79% of polled British public support children being able to reunite with parents.
• The UK resettles more refugees than any other country in Europe.
• Over 25,000 vulnerable refugees have been resettled since September 2015.
• In the year ending March 2020, over 7,400 refugee family reunion visas were issued.
• The UK has substantial routes for adults and families to be reunited under existing immigration rules.
• The Government is committed to the principle of family unity.
• Some rules deemed lawful by the Supreme Court are considered almost worthless due to financial requirements.
• The SNP wants the UK to go further on family unity.
• There is a request to expand family reunion rules.
• At least two deaths in IRCs have been directly linked to the use of segregation.
• Segregation can lead to increased rates of anxiety, social withdrawal, hallucinations and suicidal thoughts.
• Detainees can be held in segregation for up to 24 hours initially, with extensions possible under Secretary of State authorisation.
• One detainee was segregated more or less continuously for 22 months.
• Medical Justice reported that segregation is used as a form of punishment and to house individuals with mental health issues.
• The proposed amendment modifies section 117C of the Nationality, Immigration and Asylum Act 2002.
• It introduces a new clause to recognise the parental relationship between EEA nationals/family members and qualifying children who are British or have lived in the UK for at least seven years.
• The new clause ensures that deportation would be unreasonable if it affects the child's life unduly.
• The new clause applies when a court or tribunal is required to determine whether an immigration decision breaches Article 8 of the Human Rights Act 1998.
• A “relevant person” includes those residing in the UK under certain repealed rights derived from EU law before the commencement of Schedule 1.
• Section 117C shall be modified to include criteria for lawful residency, birthplace in the UK, and arrival as a minor with continuous residence for seven years.
• The current test for considering family life in deportation cases is unduly restrictive.
• People outside the EEA are subject to automatic deportation if sentenced to imprisonment of 12 months or more.
• New clause 53 would stop deportation where it would be unreasonable for a child to leave the UK or remain without their parent.
• New clause 54 challenges the Government on criteria used to decide deportation of people with significant UK connections.
• Stephen Shaw's review in 2018 highlighted the policy of removing long-term British residents as deeply troubling.
• New clause 53 seeks to change the exception regarding foreign national offenders sentenced to less than four years' imprisonment.
• New clause 54 proposes adding a rebuttable presumption for social and cultural integration if someone was born in or arrived under age 18 in the UK.
• The clauses apply differently to EEA citizens compared to non-EEA citizens.
• The Home Office relies on outsourced immigration control to make life tougher for unauthorized migrants.
• Voluntary departures have significantly reduced from an average of 1,200 per month in 2015 to 460 by 2019.
• The right to rent scheme has resulted in discrimination, as ruled in court cases.
• Approximately 10% of bank accounts closed under the scheme relate to people who had every right to be here.
• Windrush generation suffered from misguided judgment calls made by Home Office decision makers.
• Initiatives like the Commonwealth citizens taskforce and vulnerable persons team were launched to mitigate Windrush scandal impacts but had to stop work due to coronavirus.
• The Minister will provide a non-exhaustive list of reasons allowing for late EUSS applications.
• New clause 55 seeks to exempt EEA citizens from certain eligibility checks for accommodation and public services.
• The EU settlement scheme is in place to ensure EEA citizens can obtain UK immigration status easily.
• Free movement will end on January 1, 2021, treating EEA and non-EEA citizens equally.
• New clause 57 aims to prevent data sharing for immigration enforcement from healthcare, education, and crime reporting contexts.
• The clause is intended to protect individuals' right to seek help without fear of immigration repercussions.
• Kevin Foster argues that the clause could weaken immigration control measures and limit support for vulnerable migrants.
• The new clause requires quarterly reporting on the progress of EU member states regarding UK nationals.
• Implementation stages vary among EU countries, with some having final or draft legislation in place while others are still developing application processes.
• The European Commission published a guidance note on May 12 to clarify uncertainties but several issues remain unresolved.
• Jeremy Morgan from British in Europe agreed during oral evidence sessions that UK citizens with second properties in the EU are potentially affected by the Schengen 90 out of 180 days rule.
• The draft social security agreement attached to the free trade agreement published in February covers short-term visitors but does not provide detailed information for those moving to work or reside in the EU post-transition.
• The mutual recognition of prescriptions and S2 arrangements will be scrapped, impacting healthcare coverage for UK nationals outside the withdrawal agreement.
• The Government have ratified the withdrawal agreement and legislated for it domestically in the EU (Withdrawal Agreement) Act 2020.
• The Withdrawal Agreement Joint Committee has met twice on 30 March and 12 June.
• A Specialised Committee on Citizens’ Rights co-chaired by UK and EU officials met on 20 May.
• The MP thanked colleagues including hon. Members from Stretford and Urmston, Kingston upon Hull North, Coventry North West, and Ogmore.
• Gratitude was expressed to staff members Jamie Welham and Charlotte Butterick as well as Heather Staff in another office.
• Acknowledgment of the Clerk's efforts beyond regular hours.