EU citizens’ rights in the UK: Key issues and recommendations
What are the biggest challenges and priorities for organisations working to secure the rights of EU citizens in the UK? This blog shares insights and recommendations for independent funders, and is based on a panel discussion held in London on 31 January 2024. It was organised by Migration Exchange with support from the Delegation of the European Union to the United Kingdom, and hosted by the Embassy of Spain.
In the immediate period after Brexit there was strong public support for the rights of EU citizens living in the UK to be protected. Today, eight years after the vote, there is perhaps a sense that Brexit is “done and dusted”, but this is far from the reality on the ground.
During our panel discussion, Andreea Dumitrache from grassroots organisation ‘the3million’, Bella Kosmala from strategic legal charity ‘Here for Good’, and Sunder Katwala of think-thank British Future, spoke of the impact Brexit has had on the lives of Europeans and their families who have made the UK their home, as well as public sentiment and the biggest needs for organisations working on EU citizens’ rights. The event concluded that an ongoing focus on this issue alongside other migration challenges is paramount in upholding principles of justice and dignity for all people living in the UK.
“We are really afraid that in the years ahead we are going to see marginalised people suffering the most, with worrying news that the Home Office may be revoking people’s pre-settled status if they don’t engage to secure their ‘indefinite leave to remain’. It is concerning when rights are taken away from people that have the right to still reside in the UK.” — Andreea Dumitrache
The Home Office launched the EU Settlement Scheme (EUSS) in 2019, with the aim of providing EU citizens and their families with a new immigration status in the UK following the loss of free movement rights. As of 1 January 2024, 6.2 million people have made an application (surpassing Scotland’s population) and 5.7 million people now hold a status under the Scheme. Two million people currently hold the temporary immigration status ‘pre-settled status’ with looming expiry dates. There is a backlog of 121,820 applications, underscoring the uncertainty faced by individuals and their families, who wait for a decision on their right to remain in the place they call home. Every month the Home Office receives around 50,000 applications to the Scheme. Charities and organisations providing support or legal services to those EU citizens struggling to navigate the EUSS are overwhelmed by their caseload. The impact on clients who are unable to secure their immigration status is severe with issues around employment, housing and with difficulties accessing rights and benefits, such as universal credit.
As Bella Kosmala put it, “the EUSS is no longer a simple application process. It is very difficult to navigate and takes twice as long.”
Key themes
Access to advice and discrimination
Speakers highlighted that people of colour and Eastern Europeans are more likely to be refused from the EU Settlement Scheme.
Lack of access to advice and legal support heightens barriers to applying for and getting settled status. The hardest hit include marginalised communities, particularly Black and minoritised people, those living in poverty, Roma communities, people in rural areas, and individuals with limited digital skills or lack of access to technology.
The Home Office does not disclose ethnicity data, but research shows 40% of those requiring complex application assistance come from ethnic minority backgrounds. Speakers highlighted that people of colour and Eastern Europeans are more likely to be refused from the EU Settlement Scheme. Andreea Dumitrache also referred to the crucial advocacy work of the organisation ‘Black Europeans’, who campaign to highlight that black EU citizens face particular issues securing housing, jobs and benefits which leads to an increased risk of exploitation and destitution. As in the wider immigration system, focus is needed on countering racial discrimination and particular attention placed on how different communities experience the scheme.
Community organising and advocacy
In this pre-election period, organisations will need to build on their ability to collaborate effectively to raise public awareness, while building on their relationships with parliamentarians and policy makers.
Community organising is an important approach to securing change, ensuring people’s voices are heard and that they can take the lead on the direction of campaigning and advocacy for their rights. Grassroots organisations and community leaders collaborate nationwide, keeping the sector grounded and connected to the most current and salient issues. Recent successes because of collective advocacy by the EUSS sector include the Home Office reversing their decision to exclude people with Permanent Residency cards from making a late application to the Scheme. Action came after 50 organisations signed a joint letter and secured significant media coverage.
In this pre-election period, organisations working on European citizens’ rights in the UK will need to build on their ability to collaborate effectively to raise public awareness, while continuing to build on their relationships with parliamentarians and policy makers. Speakers felt those working to support EU citizens in the UK have real collective power and collaborative strength which needed to be properly funded both pre and post-election, when there would be a large number of new MPs.
Digitalisation challenges and systemic issues
“fully digital status leaves people at the mercy of a process that can and does break down, causing loss of access to application status, disappearance of digital identity and deletion of status” — Andreea Dumitrache
The fully digital immigration system for those who hold status under the EUSS presents real challenges, including for access to work and housing, and only exacerbates vulnerabilities within communities, making it hard to prove status to employers or landlords. Comprehensive solutions require partnerships, going beyond the EUSS sector. Both Bella Kosmala and Andreea Dumitrache spoke of the need for expertise gained by the EU Citizens’ rights sector to be disseminated to the wider migration and human rights sector, as the Home Office plans to expand the digital only status system to encompass all people migrating to the UK from outside the EU too, starting from January 2025. As Andreea Dumitrache said: “fully digital status leaves people at the mercy of a process that can and does break down, causing loss of access to application status, disappearance of digital identity and deletion of status.”
Sustainability and future challenges as Home Office funding ends
The unique expertise that has been gained in the last five years needs to be further funded to be retained.
Multiple year funding and collaborative initiatives are essential for addressing evolving challenges and ensuring sector sustainability. From April 2024, the amount received by Home Office funding organisations providing complex OISC level 2+ casework is reduced by 50%. The funding ends completely in April 2025. The unique legal and support expertise that has been gained in the last five years within the EUSS grassroots and advice and support sector, needs to be further funded to be retained, as the EUSS scheme becomes more complex.
Six recommendations for independent funders
Out of the discussion, we shared the following key considerations with those funding in the migration field:
- Sustained funding: Providing multi-year grants can enhance organisational stability and enable long-term strategic planning to address ongoing challenges effectively.
- Support for strategic litigation: Consider providing funding specifically designated for strategic legal intervention aimed at safeguarding EU citizen rights and ensuring equitable access to rights and resources for marginalised communities
- Investment in capacity building: Support capacity-building initiatives aimed at enhancing the advocacy, organisational, and digital skills of grassroots organisations and community leaders working with EU citizens.
- Promotion of collaboration and partnership: Funding collaborative initiatives and networks can facilitate knowledge-sharing, coordination of efforts, and collective action towards common goals.
- Focus on intersectionality and inclusivity: Support projects that centre the voices and experiences of marginalised communities, including people of colour, those living in poverty, Roma communities, rural residents, and individuals with limited digital skills and accessibility.
- Flexibility and adaptability: Recognise the dynamic nature of immigration policy and rights protection issues. Provide flexible funding mechanisms that allow organisations to respond quickly to emerging challenges, adapt strategies, and seize opportunities for positive change.
We’d like to say a big thank you to the panel speakers, and all the organisations that attended and participated in the discussion.
Please contact us mex@global-dialogue.org if you’d like to discuss the issue further or be put in contact with any of the involved organisations working on the rights of EU citizens.
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Migration Exchange is hosted at Global Dialogue, a registered charity (1122052) partnering with philanthropy to advance rights, equity and diversity.
