I welcome this Bill, which ends free movement, takes back control of our borders, delivers on people’s priorities and paves the way for a modern, fairer, points-based immigration system that will welcome skilled workers from across the world to contribute to the United Kingdom’s economy, communities and public services.
I want to consider the amendment that proposes that children of EEA and Swiss nationals who are in care or entitled to care leavers’ support are granted automatic indefinite leave to remain under the EU settlement scheme. The Government have legislated through the EU withdrawal agreement Act to protect the residence rights of EEA and Swiss citizens and their family members who are in the UK by the end of the transition period. In addition, the Government fully opened the EU settlement scheme to such citizens and their family members in March last year.
The concern is that if eligible children are not identified and supported into the scheme, they will be at risk of being left here unlawfully through no fault of their own. This amendment would give EEA and Swiss children who are currently in the UK a default safety net to qualify under the EU settlement scheme if it were later found out that the necessary paperwork had not been lodged at the appropriate time by either a social worker or a local authority. No matter the circumstances in which these children find themselves here, they are innocent and, on the face of it, this amendment would be a sensible and humane measure to take. We cannot have another Windrush-type situation where children who have been legally in the UK for most of their lives apply later for a job or for accommodation as adults, only to find that there is no trace of them through no fault of their own.
It is of concern that looked-after children and care leavers who currently call the UK home are at risk of being left undocumented if they do not receive settled status through the EU settlement scheme. The Government have acknowledged that just 40% of identified looked-after children and care leavers have had applications made on their behalf some 18 months since the launch of the EU settlement scheme, which is extremely worrying. However, the Government have confirmed that they have focused on working closely with local authorities to ensure that vulnerable groups get UK immigration status under the scheme. I urge them to continue to support local authorities in those endeavours.
8.15 pm
The Government issued guidance this year regarding children in care and care leavers. They have emphasised their commitment to provide protection for all vulnerable children. I have been reassured that Ministers have been clear from the start that, under the EU settlement scheme, where an eligible person has missed the deadline, the Home Office will accept late applications where there are reasonable grounds for doing so. Therefore,
under the EU settlement scheme, if a child in care or care leaver misses the deadline, they will still be able to obtain lawful status in the UK.
The Home Office has said that late application cases will be considered on their individual merits, that it will take a pragmatic approach and that guidance for case- workers will be published to ensure that cases are considered consistently. The situation might be in the forefront of our minds now, and those of Home Office caseworkers, but might not be in 10 years’ time, so I urge the Home Office to ensure that the guidance actually details that, in the case of looked-after children and care leavers, if the necessary EU settlement scheme paperwork has not been lodged at the appropriate time by a social worker or local authority, those are reasonable grounds and, as such, the late application will be accepted.