EU citizens will be deported for minor offences under Priti Patel’s post-Brexit immigration crackdown, a leading lawyer is warning – despite having permission to stay.
Rules that allow foreign offenders to be expelled only if they represent a threat to the UK will be beefed up to target persistent pickpockets and shoplifters, from January.
Crucially, the home secretary announced the change would apply to the 3 million-plus EU citizens in the UK in the process of being awarded ‘settled status’, supposedly to guarantee their right to stay.
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Colin Yeo, an immigration barrister, warned it was “a major change” from the current law that requires “a proportionality assessment and a current threat from the person facing deportation”.
“The Home Office was already targeting EU citizens and deporting more of them by bending and sometimes breaking EU law,” he told The Independent.
“But I’d expect the number of EU citizens to be deported to increase substantially from January 2021 onwards.
“This will include even EU citizens born in the UK – or brought here as small children – if they have not acquired British citizenship, for example because their parents cannot prove they were settled at the time of their birth.”
The3million group, representing EU nationals, said it showed Ms Patel failing to learn from the review into the Windrush scandal, despite agreeing to implement its recommendations.
“EU citizens will, from January 2021, become part of the existing hostile regime that has seen fathers separated from their children and families, returned to countries they barely know,” said co-founder Maike Bohn.
1/20 Britain votes to leave the European Union – 23 June 2016
A referendum is held on Britain’s membership of the European Union. Fifty-two per cent of the country votes in favour of leaving
AFP via Getty
2/20 David Cameron resigns – 24 June 2016
David Cameron resigns on the morning of the result after leading the campaign for Britain to remain in the EU
Getty
3/20 Theresa May takes the reins – 13 July 2016
Theresa May becomes leader of the Conservative party and prime minister, winning the leadership contest unopposed after Andrea Leadsom drops out
Getty
4/20 High Court rules parliament must vote on Brexit – November 2016 – 3 November 2016
The High Court rules that parliament must vote on triggering Article 50, which would begin the Brexit process
5/20 Article 50 triggered – 28 March 2017
The prime minister triggers Article 50 after parliament endorses the result of the referendum
Getty
6/20 May calls snap election – 18 April 2018
Seeking a mandate for her Brexit plan, May goes to the country
Getty
7/20 May loses majority as Labour makes surprise gain – 8 June 2017
After a disastrous campaign, Theresa May loses her majority in the commons and turns to the DUP for support. Jeremy Corbyn’s Labour party makes gains after being predicted to lose heavily
AFP/Getty
8/20 Negotiations begin – 19 June 2017
David Davis and Michel Barnier, chief negotiators for the UK and EU respectively, hold a press conference on the first day of Brexit negotiations. Soon after the beginning of negotiations, it becomes clear that the issue of the border between Northern Ireland and the Republic will prove a major sticking point
AFP/Getty
9/20 MPs vote that withdrawal deal must be ratified by parliament – 13 December 2017
The government suffers a defeat in parliament over the EU withdrawal agreement, guaranteeing that MPs are given a ‘meaningful vote’ on the deal
10/20 Boris Johnson resigns as foreign secretary – 11 July 2018
Following a summit at Chequers where the prime minister claimed to have gained cabinet support for her deal, Boris Johnson resigns as foreign secretary along with David Davis, the Brexit secretary
Reuters
11/20 Draft withdrawal agreement – 15 November 2018
The draft withdrawal agreement settles Britain’s divorce bill, secures the rights of EU citizens living in the UK and vice versa and includes a political declaration commiting both parties to frictionless trade in goods and cooperation on security matters. The deal also includes the backstop, which is anathema to many brexiteers and Dominic Raab and Esther McVey resign from the cabinet in protest
Getty
12/20 May resigns – 24 May 2019
After several failed attempts to pass her withdrawal agreement through the commons, Theresa May resigns
Reuters
13/20 Johnson takes over – 24 July 2019
Boris Johnson is elected leader of the Conservative party in a landslide victory. He later heads to Buckingham Palace where the Queen invites him to form a government
Getty
14/20 Parliament prorogued – 28 August 2019
Boris Johnson prorogues parliament for five weeks in the lead up to the UK’s agreed departure date of 31 October.
Stephen Morgan MP
15/20 Prorogation ruled unlawful – 24 September 2019
The High Court rules that Johnson’s prorogation of parliament is ‘unlawful’ after a legal challenge brought by businesswoman Gina Miller
Getty
16/20 Johnson agrees deal with Varadkar – October
Following a summit in Merseyside, Johnson agrees a compromise to the backstop with Irish prime minister Leo Varadkar – making the withdrawal agreement more palatable to Brexiteers
Getty
17/20 Final Say march demands second referendum – 19 October 2019
As parliament passes the Letwin amendment requiring the prime minister to request a further delay to Brexit, protesters take to the streets in the final show of force for a Final Say referendum
Getty
18/20 Johnson wins 80 seat majority – 12 December 2019
The Conservatives win the December election in a landslide, granting Boris Johnson a large majority to pass through his brexit deal and pursue his domestic agenda
Getty
19/20 Withdrawal deal passes parliament – 20 December 2019
The withdrawal agreement passes through the commons with a majority of 124
Getty
20/20 EU parliament backs UK withdrawal deal – 29 January 2020
Members of the European parliament overwhelmingly back the ratification of Britain’s departure, clearing the way for Brexit two days later on 31 January. Following the vote, members join hands and sing Auld Lang Syne
AFP/Getty
1/20 Britain votes to leave the European Union – 23 June 2016
A referendum is held on Britain’s membership of the European Union. Fifty-two per cent of the country votes in favour of leaving
AFP via Getty
2/20 David Cameron resigns – 24 June 2016
David Cameron resigns on the morning of the result after leading the campaign for Britain to remain in the EU
Getty
3/20 Theresa May takes the reins – 13 July 2016
Theresa May becomes leader of the Conservative party and prime minister, winning the leadership contest unopposed after Andrea Leadsom drops out
Getty
4/20 High Court rules parliament must vote on Brexit – November 2016 – 3 November 2016
The High Court rules that parliament must vote on triggering Article 50, which would begin the Brexit process
5/20 Article 50 triggered – 28 March 2017
The prime minister triggers Article 50 after parliament endorses the result of the referendum
Getty
6/20 May calls snap election – 18 April 2018
Seeking a mandate for her Brexit plan, May goes to the country
Getty
7/20 May loses majority as Labour makes surprise gain – 8 June 2017
After a disastrous campaign, Theresa May loses her majority in the commons and turns to the DUP for support. Jeremy Corbyn’s Labour party makes gains after being predicted to lose heavily
AFP/Getty
8/20 Negotiations begin – 19 June 2017
David Davis and Michel Barnier, chief negotiators for the UK and EU respectively, hold a press conference on the first day of Brexit negotiations. Soon after the beginning of negotiations, it becomes clear that the issue of the border between Northern Ireland and the Republic will prove a major sticking point
AFP/Getty
9/20 MPs vote that withdrawal deal must be ratified by parliament – 13 December 2017
The government suffers a defeat in parliament over the EU withdrawal agreement, guaranteeing that MPs are given a ‘meaningful vote’ on the deal
10/20 Boris Johnson resigns as foreign secretary – 11 July 2018
Following a summit at Chequers where the prime minister claimed to have gained cabinet support for her deal, Boris Johnson resigns as foreign secretary along with David Davis, the Brexit secretary
Reuters
11/20 Draft withdrawal agreement – 15 November 2018
The draft withdrawal agreement settles Britain’s divorce bill, secures the rights of EU citizens living in the UK and vice versa and includes a political declaration commiting both parties to frictionless trade in goods and cooperation on security matters. The deal also includes the backstop, which is anathema to many brexiteers and Dominic Raab and Esther McVey resign from the cabinet in protest
Getty
12/20 May resigns – 24 May 2019
After several failed attempts to pass her withdrawal agreement through the commons, Theresa May resigns
Reuters
13/20 Johnson takes over – 24 July 2019
Boris Johnson is elected leader of the Conservative party in a landslide victory. He later heads to Buckingham Palace where the Queen invites him to form a government
Getty
14/20 Parliament prorogued – 28 August 2019
Boris Johnson prorogues parliament for five weeks in the lead up to the UK’s agreed departure date of 31 October.
Stephen Morgan MP
15/20 Prorogation ruled unlawful – 24 September 2019
The High Court rules that Johnson’s prorogation of parliament is ‘unlawful’ after a legal challenge brought by businesswoman Gina Miller
Getty
16/20 Johnson agrees deal with Varadkar – October
Following a summit in Merseyside, Johnson agrees a compromise to the backstop with Irish prime minister Leo Varadkar – making the withdrawal agreement more palatable to Brexiteers
Getty
17/20 Final Say march demands second referendum – 19 October 2019
As parliament passes the Letwin amendment requiring the prime minister to request a further delay to Brexit, protesters take to the streets in the final show of force for a Final Say referendum
Getty
18/20 Johnson wins 80 seat majority – 12 December 2019
The Conservatives win the December election in a landslide, granting Boris Johnson a large majority to pass through his brexit deal and pursue his domestic agenda
Getty
19/20 Withdrawal deal passes parliament – 20 December 2019
The withdrawal agreement passes through the commons with a majority of 124
Getty
20/20 EU parliament backs UK withdrawal deal – 29 January 2020
Members of the European parliament overwhelmingly back the ratification of Britain’s departure, clearing the way for Brexit two days later on 31 January. Following the vote, members join hands and sing Auld Lang Syne
AFP/Getty
“The home secretary promised that she will implement the recommendations of the Windrush Lessons Learned Review. There has been no evidence of this.”
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The fresh threat revives criticism of Brandon Lewis, the then-immigration minister, when he warned deportation could go ahead before EU citizens could challenge a ruling that they had no right to stay.
It was revealed in the plans for post-Brexit immigration, which will toughen the requirement that “those already in the UK who are sentenced to 12 months or more in prison must be considered for deportation”.
“Where the 12-month criminality deportation threshold is not met, a foreign criminal will still be considered for deportation where it is conducive to the public good, including where they have serious or persistent criminality,” the home office document states.
And it adds: “For EU citizens who are protected by the withdrawal agreement or the UK’s domestic implementation of the withdrawal agreements, the tougher UK criminality thresholds will apply to conduct committed after the end of the transition period.”
The Home Office says Brexit should mean “a robust and consistent approach to applying the UK criminality thresholds rules”, treating EU citizens in the same way as arrivals from elsewhere.
