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Home Office ‘risks repeat of Windrush scandal’ as employers required to check EU citizens’ right to work after Brexit

The Home Office has been accused of failing to make sure EU nationals usually are not “dragged” into the hostile environment post-Brexit after the immigration minister stated they might be topic to immigration checks by employers within the occasion of a no-deal.

Caroline Nokes was unable to inform MPs how employers would be capable to distinguish these with settled standing and people with out, prompting fears that Brexit “dangers a repeat of the Windrush scandal for EU residents”.

Campaigners raised issues that figuring out their proper to work could be not possible as a result of “no paperwork exists” to show this, and warned that this might result in the “unfair persecution of EU nationals”.

The federal government is encouraging EU residents to use on-line for settled standing, however the system will not be but totally dwell. Ministers say individuals could have till 30 June 2021 to use.

However beneath questioning by the Residence Affairs Committee, the immigration minister admitted that in the course of the transition interval it might be “virtually not possible to distinguish between any individual who has been right here [for a substantial period of time] and never but utilized for settled standing, and any individual who has simply arrived”.

Responding to her feedback, Satbir Singh, chief govt of the Joint Council for the Welfare of Immigrants (JCWI), stated: “Caroline Nokes has said that employers ought to test EU nationals’ ‘paperwork’ to find out their proper to work post-Brexit, even if no such paperwork exists. 

“One other day, one other instance of a authorities with neither the intent nor the flexibility to run a good and humane immigration system after Brexit. 

“Placing the onus on employers to inspect their staff will result in the unfair persecution of EU nationals and drag them into the local weather of worry and suspicion created by Theresa Might’s hostile surroundings. 

“After the Windrush and DNA scandals, it’s absolutely time to eliminate these terrible insurance policies as a substitute of extending them to cowl one other three million individuals.”

Liberal Democrat Ed Davey, in the meantime, stated: “Tens of millions of EU residents within the UK have been dwelling beneath a cloud of uncertainty for greater than two years. Removed from clearing up that uncertainty immediately, the immigration minister made it worse.

“We’ve already seen within the Windrush scandal how the Conservatives’ hostile surroundings checks can destroy the lives of people that have each proper to be within the UK. The federal government’s chaotic method to Brexit dangers a repeat of that scandal for EU residents.”

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Ms Nokes stated the federal government was “decided to guard the rights of” three.5 million EU residents at present dwelling within the UK, however that new ones arriving can be topic to the identical evaluation and registration process as non-EU nationals.

It comes as the federal government faces a authorized problem over claims it has damaged a promise that solely critical criminals could be excluded from settled standing.

The JCWI stated the Residence Workplace was additionally planning to exclude individuals who have had removing selections made in opposition to them for non-exercise of treaty rights, which it stated might embody individuals beforehand convicted for tough sleeping or victims of trafficking with legal convictions.

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