Will EU nationals in the UK be subject to the ‘hostile environment’ after Brexit?

Analysis: The government has made little attempt to remedy the measures which proved so detrimental to Windrush nationals – May Bulman explores whether EU citizens risk falling into the same trap

Awareness of the need to apply for settled status post-Brexit remains patchy (PA)

Brexit will of course bring about all manner of changes in the UK. But few people will feel the impact more sharply than the 3.5 million EU nationals who have built their lives in this country – and who are now having to take steps to secure their right to be here.

The government has pledged that all EEA citizens (ie those from the EU plus Norway, Iceland and Liechtenstein), their family members and dependents living in the UK on or before 29 March can remain in the country with no loss of their rights.

The EU Settled Status Scheme, which opened fully last month, is designed to facilitate this, providing – in the words of Sajid Javid – a “simple, streamlined process for residents and EU citizens and their family members to obtain their new UK immigration status”.

But campaigners warn that it risks leaving thousands of EU nationals undocumented – and pushing them straight into the claws of the so-called “hostile environment”.

The obligations on employers, landlords and doctors to make routine immigration checks under existing measures mean that anyone who doesn’t obtain settled status before the deadline – 30 June 2021 – could suddenly find themselves unable to work, rent or access healthcare.

One of the main concerns is lack of awareness. Efforts to inform harder-to-reach people such as the elderly and non-English speakers have been branded “completely inadequate”.

Senior MPs have said children in care are particularly at risk because local authorities don’t know they need to register. There is real fear that tens of thousands of people will miss the “arbitrary cliff-edge” deadline simply because they do not know about the scheme.

There are also concerns that mistakes will be inevitable as the Home Office takes on a significant increase to its caseload.

It is unclear whether current provisions of staffing and training in the department are sufficient to meet the need – and the number of blunders exposed in the past year suggests it is already struggling. This could leave people wrongly denied settled status simply due to administrative errors.

Even people who do successfully apply for the Settled Status Scheme could feel the force of the hostile environment, as they are suddenly required to prove their immigration status each time they get a new job, rent a home or go to the GP.

Some landlords and employers may start choosing British passport-holders over EU nationals simply to avoid the extra bureaucracy, making them inadvertent victims of dicrimination.

The government has made little attempt to remedy the hostile environment measures which proved so detrimental to Windrush nationals – now EU citizens risk falling into the same trap.

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