EU nationals who cannot prove ‘settled status’ being wrongly denied basic rights, report finds

Thousands of EU nationals are already being denied employment, housing and other basic rights if they cannot prove their “settled status”, according to a report that has prompted fears Brexit will expose millions more people to the government’s “hostile environment”.

Research by campaign group the3million suggests more than one in 10 EU citizens and their relatives have been wrongly told to provide proof of settlement despite the fact that it is not required until after Britain leaves the EU and people have until June 2021 to apply to the scheme.

The findings, based on a survey of 3,171 EU nationals and their family members, reveal people have been asked for proof of their post-Brexit immigration status by recruiters, landlords, banks, GPs and hospitals, local councils and schools, among other agencies and public bodies.

The new report exposes cases where people had been told by employers that they would not go ahead with job offers until their application to the EU settlement scheme is concluded, and examples of people being denied healthcare and prevented from opening bank accounts.

One respondent said: “I’m working in the public sector and someone from HR said that are unable to form my permanent contract as my future is uncertain in the UK. They asked me to prove that I have applied for settled status.”

Another said they were trying to get on a list for council housing and had been strongly recommended to get settled status first, while a third respondent said they were unable to renew their driving license without proof of EU settlement.

Maike Bohn, co-founder of the3million, said the findings were a “sign of things to come”, adding: “Millions more people are being brought into the hostile environment and we’re already seeing the impact, even though the new immigration rules do not yet apply.

“It is likely to get worse when we go into the transition period on 31 January, because the very emphatic rhetoric about ‘getting Brexit done’ means many will assume proof of settled status is needed. Confusion and chaos is to be expected.”

Labour MP David Lammy said the way EU nationals had been treated since the 2016 referendum was a “disgrace”.

“Rather than reassuring our European friends, neighbours and relatives who contribute so much to our society, both Theresa May and Boris Johnson showed contempt by insulting them and using them as bargaining chips,” he added.

The findings come after the Home Office refused a plea to give EU citizens physical proof of their right to stay in the UK after Brexit – which campaigners say is needed in order to prevent “another Windrush”.

Mr Bohn accused Boris Johnson of “blowing hot and cold on EU citizens” and urged him to “rebuild trust through actions” including the provision of better.

The report also suggests that EU settlement applications were taking three times longer than Home Office stated, with respondents reporting having waited on average 15 days for an outcome, while the government saying it usually takes five working days. Nine per cent of respondents who had applied were still waiting for a decision.

It also indicated that many respondents believe they are not required to apply for settled status, with 29 per cent saying they had not applied and 7 per cent of these think they did not need to.

Chai Patel, legal policy director at JCWI, called on ministers to scrap the hostile environment, warning that as long as it remains “this sort of discrimination will only increase”.

“With such an extraordinary lack of moral leadership under a government that continues to support the hostile environment for immigrants, it is no wonder that EU nationals are already facing additional barriers to living their lives in the UK,” he added.

A Home Office spokesperson said: “We value the contribution EU citizens make to our country and we want them to stay. The EU settlement scheme is working - over 2.5 million people have been granted a secure digital status so far - guaranteeing their rights in UK law.

“This digital status future-proofs their rights and is linked to their passport or ID card, replacing physical documents which can get lost, stolen, damaged, tampered with and expire.”