My Lords, for ease, I will refer to this instrument as the “British Nationality Act SI”. The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 ended free movement on 31 December last year. That Act enabled us to take back control of our borders for the first time in decades, delivering on manifesto promises to the British people and paving the way for the new points-based immigration system, which began operating from 1 January 2021.
Parliament also approved the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020. These provide an additional six months—referred to as the grace period—in which an EEA or Swiss national and their family members resident here by the end of the transition period can still make an application to the EU settlement scheme by 30 June this year for the status they need to secure their rights under the citizens’ rights agreements, and have their existing EEA residence rights protected in the meantime. The Immigration Rules for the scheme, at appendix EU, also confirm that, in line with the citizens’ rights agreements, an application can be made after the 30 June deadline where there are reasonable grounds for missing that deadline.
The British Nationality Act SI reflects the ending of the grace period on 30 June 2021 and the scope for an application to the EU settlement scheme to be made after that date, or to be decided after that date having been made before it. The SI protects nationality rights for children born after 30 June but before the outcome of such an application. It is only after 30 June,
and with the ending of the grace period, where there is a risk of parents losing status previously held and protected.
The British Nationality Act SI is made under the delegated regulation power in Section 5 of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020, the scope of which was debated extensively in both Houses during the passage of the legislation. The SI amends primary UK legislation as a consequence of, or in connection with, the provisions in Part 1 of the Act, which end free movement. It amends legislation relating to nationality acquired through birth in the UK. We are determined to ensure that children do not miss out on British citizenship through no fault of their own.
The very positive effect of the legislative change that we are discussing is to allow a child to automatically become a British citizen when born in the UK after 30 June 2021 and once the EU settlement scheme application submitted by their parent or parents is resolved through the granting of indefinite leave—known under the EU settlement scheme as “settled status”—which occurs after that birth. This might occur in two scenarios: where an application was submitted by 30 June but has not been resolved at the point of the child’s birth; or where an application is submitted after the 30 June deadline, based on reasonable grounds for missing that deadline, and is resolved favourably after the child’s birth. In this scenario, the parent would clearly need to demonstrate that they would have met the relevant eligibility requirements immediately before 1 July 2021.
The immigration rules and guidance already set out how any late applications to the EU settlement scheme should be considered and the approach to take to what may constitute reasonable grounds. The British Nationality Act SI provides clear protection for a child in this position without the need to make a separate nationality application, reflecting the unique position of those affected. The change will come into force on 1 July, immediately after the end of the grace period.
This SI ensures that there are no unintended consequences from the necessary deadline for the EU settlement scheme. It is basically an essential step in protecting the status of children, and I commend it to the Committee.
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