European Union (Withdrawal Agreement) Bill — New Clause 34 — Settled Status: Right to Appeal — 7 Jan 2020 at 20:15

The majority of MPs voted against establishing a right to appeal decisions on granting "settled status", a right to remain in the United Kingdom indefinitely.

MPs were considering the European Union (Withdrawal Agreement) Bill.^[1]

The proposed new clause rejected in this vote was titled: Settled status: right to appeal and stated:

• (1) A person may appeal against a settled status decision to the First-tier Tribunal.
• (2) A settled status decision includes a decision—
• (a) to refuse to grant leave to remain under Appendix EU of the Immigration Rules made under section 3(2) of the Immigration Act 1971, or
• (b) to grant limited leave to remain under Appendix EU of the Immigration Rules made under section 3(2) of the Immigration Act 1971 to a person who has applied for indefinite leave to remain under that Appendix.
• (3) An appeal against a decision under subsection 2(b) may be brought only on the grounds that the person is entitled to indefinite leave to remain under Appendix EU of the Immigration Rules.
• (4) While an appeal under subsection 2(a) is pending, the person concerned shall be deemed to have all the rights associated with indefinite leave to remain under Appendix EU of the Immigration Rules in particular as concerns residence, employment, access to social security benefits and other services.
• (5) While an appeal under subsection 2(b) is pending, the limited leave to remain granted under Appendix EU to the Immigration Rules shall continue in force.
• (6) “Pending” shall have the same meaning for the purposes of subsections (4) and (5) above as in section 104 of the Nationality, Immigration and Asylum Act 2002.”

The rejected new clause was accompanied by the following explanatory statement from its proposer:

• This new clause would establish a right to appeal settled status decisions.

Without the amendment the Bill^[1], via clause 11, did empower a Minister to create regulations providing for an appeal system, but did not require those powers to be exercised nor give a right to remain for those undertaking an appeal.

The UK Government website states: "You can stay in the UK as long as you like if you get settled status".^[2]

• [1] Parliament's webpage on the European Union (Withdrawal Agreement) Bill. Parliament.uk website
• [2] "Apply to the EU Settlement Scheme (settled and pre-settled status)", Gov.uk website

Debate in Parliament |