Summary title: Petition No 0926/2018 by Anthony Valcke (Belgian) on behalf of the EU Rights Clinic and the Platform for International Cooperation on Undocumented Migrants (PICUM), on the compatibility of the new EU Settlement Scheme for EU citizens residing in the UK with EU law
Petition number: 0926/2018
Topics: Immigration, Fundamental Rights
Country: United Kingdom
Name of association: EU Rights Clinic
Name: Anthony Valcke
The petition is on the alleged failure of the UK authorities to comply with EU law relating to the pilot EU Settlement Scheme. The EU Settlement Scheme is foreseen to become operational when the UK withdraws from the EU at the end of the transitional period (31.12.2020). As the UK will remain an EU Member State during this period, and therefore remain obliged to apply the substantive provisions of EU law, the petitioner urges the European Parliament to take action on a number of recommendations to ensure that the UK authorities do not circumvent the application of the Withdrawal Agreement. Firstly, the petitioner recommends that the EU Settlement Scheme should provide for a printed copy of the digital residence document to have probative value. Second, since the Scheme applies to family members of British citizens who return to the UK after residing in another Member State, the Scheme needs to comply with EU rules on the right to return following residence in another MS. Third, the EU Settlement Scheme should be extended also to include primary carers of British citizens residing in the UK. Fourth, the mandatory grounds for refusing applications appear to be discriminatory, going beyond what is permitted under EU law and this is why a revision is called for. Fifth, the EU Settlement Scheme must allow vulnerable persons to make out-of-time applications for an EU settled status. The petitioner also suggests that the EU’s assistance services (i.e. SOLVIT and Your Europe Advice) should be permitted to continue offering advice and assistance to applicants under the Scheme.