Scottish Government slams EU leave to remain scheme as ‘ill-thought-out’

The Scottish Government has slammed the Home Office’s three-year EU citizen ‘temporary leave to remain’ scheme, saying it asks applicants to “put their trust in an undefined immigration system with no guarantee that they will be able to stay beyond December 2023”.

On Thursday the Home Office released a policy paper on its mechanism to replace free movement for EU, EEA and Swiss nationals arriving in the UK after Brexit.

Under the plan, EU, EEA and Swiss citizens moving to the UK after Brexit will “be able to obtain a temporary immigration status lasting three years”, called temporary leave to remain (TLR), if they wish to stay beyond 31 December 2020.

The Brexit deadline is currently 31 October 2019, after this date the UK Government stated: “EU citizens will still be able to come to the UK for visits or short trips. They will be able to apply for Euro TLR if they wish to stay beyond 31 December 2020.”

But Scottish Government Migration Minister Ben Macpherson said the plan “significantly fails to provide the necessary reassurances EU citizens are so desperately seeking”.

“Time and again the Scottish Government has highlighted the folly of the UK Government’s proposed three-year ‘Temporary Leave to Remain' scheme, which won’t work for students in Scotland or Scotland as a whole,” he said.

“Unfortunately, the UK Government continues to ignore the concerns of Scottish higher education institutions.

“Scotland wants, welcomes and needs EU citizens to come here to live, work, study and settle. But because of the UK Government’s immigration policies, EU citizens arriving after Brexit look set to face more uncertainty and confusion.”

He said the scheme expected people to “put their trust in an undefined immigration system with no guarantee whatsoever that they will be able to stay beyond December 2023”.

“These ill-thought-out proposals are yet further evidence that the UK Government is incapable of delivering effective immigration policies which reflect Scotland’s values, circumstances or interests,” Macpherson said.

“It is time for Scotland to have the powers to deliver tailored immigration solutions to meet Scotland’s needs and aspirations.”

The TLR application form will be online and free of charge, with applicants required to prove their identity and declare any criminal convictions.

Once approved, applicants will receive temporary immigration status for “36 months from the date it is granted”, which will allow they to work in the UK, use the NHS, enrol in education or continue studying, access public funds like benefits and pensions if eligible, and travel in and out of the UK.

TLR is separate to the EU settlement scheme, which applies to EU citizens living in the UK before 31 October.