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For a clear example of how the hostile environment can quickly erode the rights of EU citizens through mere changes to administrative guidance, look no further than this description of Home Office policy on deportation consideration for those with criminal convictions (2009-now).
This policy is now written forward into the Home Office guidance on assessing suitability for Settled Status. But, more importantly, it shows that this kind of incremental reduction of rights is invisible to the naked eye and hardly subject to any public discussion.
So to anyone, who maintains that “nothing will change for EU citizens after Brexit”, let me tell you that I can’t muster that kind of trust in the face of clear evidence of the disingenuous and stealthy way in which these kinds of policy changes can be brought about.
Today, it is about the ability to deport those with even minor criminal convictions. And many may say that this is a reasonable approach. But it is the process that is the concern here, not the particular subject matter
Because there are other rights that could be slowly reduced over time in a series of small steps, each too insignificant to warrant much protest from an electorate that is mostly not too fussed about protecting foreigners’ rights, but which quickly add up to major inequalities.
This is the way in which future UK governments could slowly erode my pension rights, my right to claim benefits in the country where I paid tax nearly all my adult life, my right to use the NHS or my right to live elsewhere for a while without losing my residence rights.
As an EU member state, the UK - with few exceptions relating to crime and national and public security - is not permitted to treat me any differently under the law than it treats its own citizens. Post-Brexit, it has that right.
“But they wouldn’t do that”, you say. “We Brits are not like that. Your rights will be safe. Nothing will change”. And I admire your quasi-religious faith in your own people and your politicians in the face of all the current rhetoric and blame gaming, but I can’t share it.
And maybe I’m just a suspicious, cynical old sceptic, who was brought up on too many stories about how easily people were willing to scapegoat others in Nazi Germany. Or maybe it’s easier to trust if it’s not your own rights that are at stake.
Because I think we can be damn sure that successive UK governments, Tory and Labour alike, will gladly make use of that right to treat me differently whenever it suits their own political agenda or the nefarious purposes of their leaders or paymasters.
Nothing either May or Corbyn have said or done these last three years suggests that either would shy away from doing this, if they felt they might derive a boost in the polls from it. It’s been some time since we’ve seen leadership based on values rather than political advange.
So from Brexit Day, EU citizens’ position in this country is subject to continued legal uncertainty and there is nothing we can do to protect ourselves against that because we’re not represented, can’t vote and are a cheap sacrifice to make to any mob that’s craving “change”.
Because, as we all know, the mob must be placated lest it gets even more mob-like and turns this sham of a pseudo-democracy into an outright totalitarian regime where everyone, not just the foreigners, is deprived of their rights.
So, the reason why so many well-qualified EU citizens are leaving the UK is not just the omnipresent dripdrip xenophobia we experience daily, although that certainly is no great marketing feature to attract talent to come or stay here right now.
It is knowing that when the time comes there may not be enough people, who will stand up for our rights and that they will likely be drowned out by the other voices, who will be content enough to trade those rights for whatever they perceive to be their own benefit.
EU citizens are leaving because no rational person can live in this way and feel secure enough to make plans for the future, if that future can be taken from them at any time by a hostile government through administrative or legislative decree for whatever self-serving purpose.
This is Maslow’s hierarchy of needs in action and everyone, who still maintains that “taking back control” is worth inflicting this kind of worry, stress and continuing uncertainty on 5 million people, is either willfully ignorant or suffers from a serious empathy gap.
For those that are interested, full Home Office guidance on how to assess suitability for settled status (from which the above screenshot was taken) can be found here: assets.publishing.service.gov.uk/government/upl…
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