Thousands of EU nationals could face deportation for minor crimes, under post-Brexit immigration rules that target those seeking settled status.
Last month, the UK government published further information about its post-Brexit immigration strategy, which centers on a new points-based system.
The new policy will see prospective migrants given a score between 0 – 130, calculated according to factors including their salary, education level, and whether their job offer is within a shortage occupation.
Applicants must reach a score of at least 70 in order to qualify for consideration. The updated rules mean that after Brexit, EU citizens will be judged by the same criteria as non-EU nationals.
While the move to pare back immigration privileges for EU nationals is unsurprising, immigration specialists have expressed alarm about a condition buried towards the end of Priti Patel’s document.
The clause states that “those already in the UK who are sentenced to 12 months or more in prison must be considered for deportation”. This could include petty theft, disturbing the peace, or possession of a Class B drug. Even more disturbing is the subsequent condition, which targets individuals that the home office believes show “disregard for the law”.
The document states: “Where the 12-month criminality deportation threshold is not met, a foreign criminal will still be considered for deportation where it is conducive to the public good, including where they have serious or persistent criminality,”
Lawyers have warned that if enacted, the policy will have a devastating effect on the lives of thousands of EU migrants, including those born in the UK. It will also affect families in the process of being awarded settled status.
Speaking to the Independent, The3million group, which represents EU nationals, said: “EU citizens will, from January 2021, become part of the existing hostile regime that has seen fathers separated from their children and families, returned to countries they barely know.
“The home secretary promised that she will implement the recommendations of the Windrush review. There has been no evidence of this.”
According to immigration specialists at law firm Axiom Stone, those facing deportation will need to act quickly if they wish to file an appeal.
A spokesman said: “The Home Office will normally send you a ‘notice of intention to deport’ stating that they are intending to issue you with a deportation order. You have the right to submit representations along with supporting documents within 20 days to challenge the decision. If the Home Office rejects your representations, they will state that they are maintaining deportation and will not revoke the deportation order.
“There is no automatic right of appeal unless the Home Office has granted you with that right in their decision letter. However, you may still challenge the deportation by way of judicial review.”
Statistics gathered by the home office showed that around 54% of appeals were allowed in deportation cases in 2019, the highest percentage in more than a decade. Decisions on these cases took on average 40 days.
Visa Fox, a website offering free immigration advice in the UK, highlighted that although the figures seemed to favor individuals, that the emotional impact of challenging deportation could be devastating.
Writer Hayley Maguire said: “Immigration can be a complex topic with different exceptions and application processes. Plus, there is the added factor of personal circumstances and real human emotions. Although most information about UK visa issues is online, it can still be hard to navigate the rules of immigration.
“If you’re facing removal and want to challenge the Home Office decision, we recommend researching your rights and seeking legal advice if needed. If you’re inside the UK, it’s recommended to fill out the appeal form online, although there are also options to submit the paperwork by post or fax. In today’s digital world though, appeals are quicker when using the online forms.”
Following the Brexit vote, the government fought to secure a deal that reflected the concerns of those who voted to leave the EU.
One of the major points made by pro-leave campaigners was that the British public wanted the government to take a tougher approach to immigration. Although a point of huge contention, the home office has used immigration as leverage to push through a deal.
Introducing the new policy, a spokesman for the home office said: For too long, distorted by European free movement rights, the immigration system has been failing to meet the needs of the British people.
Failing to deliver benefits across the UK and failing the highly-skilled migrants from around the world who want to come to the UK and make a contribution to our economy and society. For the first time in decades, the UK will have full control over who comes to this country and how our immigration system operates.”
