Thread by @monlouhawk

There's a lot of really good points in this thread. Asking everyone apply for status with difficult criteria is fraught with problems, and I fully appreciate the fear that many people have, especially in the context of the current hostile environment. 1/

https://twitter.com/minnierahman/status/1256228357399883779

I agree that a suspension of the hostile environment is essential, and absolutely as soon as possible. 2/

However I do also think there's a huge opportunity here to talk about something achievable. Because there's a very direct parallel with what the government will have to implement for EU citizens during the 'grace period' between January and June 2021. 3/

Because during that 'grace period', we will have the following ingredients for those citizens who are eligible for status under the EU Settlement Scheme but have not yet applied: 4/

First - unless the government does something, these citizens will be undocumented, without legal status - because the free movement regulations that had given them status before 31st Dec 2020 will have been revoked 5/

Secondly, the government will do something to address this (because it has to under the terms of the Withdrawal Agreement), and the technical notes to the EU Withdrawal Agreement Act 2020 explains that ministers can and will do this with secondary legislation. 6/

It will therefore put legislation in place that gives these citizens status even if they have not yet applied to the EU Settlement Scheme. 7/

Thirdly, and crucially, they will postpone the Hostile Environment regulations to check whether these citizens have status or not. Both the right to work and right to rent govt webpages state that during this time, showing EU passport or national identity card is sufficient. 8/

This is because you can't have a situation where employers need to differentiate between EU citzs eligible for EU Settlmt Scheme status (here before 31 Dec 2020) and EU citzs not eligible (arrive after 1 Jan 2021, having to apply for a new status under new PBS if implemented) 9/

So the parallel I would see for ensuring everyone here before the lockdown achieves a legal status would be as follows: 10/

1. Pass legislation that gives everyone who was here before lockdown a legal status
2. Allow people to apply to a system to get proof of that status (more on that below)
3. Suspend checks/datasharing for at least a period during which everyone must be presumed to have status 11/

As for that system, I think the mechanics/legal architecture of the EU Settlement Scheme could be put to excellent use here. 12/

For despite its problems (which we at @the3million continue to campaign on), it HAS managed to provide several million people with status in a short period. It has done so by drastically simplifying the criteria - essentially we had to prove we lived here. 13/

And the status for this new grant would be Limited Leave to Remain for those here less than 5 years, and Indefinite Leave to Remain for those here more than 5 years. The LLR would need to be WITH recourse to public funds. 14/

Especially now, when EVERYONE is being asked to do their bit for the country, the country and government should now turn round and say - we're all in this together. If you live here, you're one of us. 15/

This is achievable, if the whole sector calls for this with one voice.

@BerryAdrianC 's 10 points (link) cover this as well.

cosmopolismigration.com/2020/04/29/10-…

16/

And this is not to say I disagree with all your points about how getting rid of the hostile environment is a really good ultimate aim. I just don't see this current govt agreeing to permanently relinquish their control of right to work, right to rent, right to healthcare etc. 17/

I know and love someone dearly who has fallen between the cracks of the UK's immigration system, and is undocumented. What she wants more than ANYTHING is to be able to have a proper legal status here, so that her fear is taken away. 18/

Last July, she excitedly showed me a clipping of a news article that said Boris Johnson was considering an amnesty of those who had been in the UK for 15 years. /19

She said 'Monique just imagine! I'd be able to go and see my daughter [after 12y] in my home country without fear of not being able to return to the UK [where her son lives]' /end