New national advice service launched for EU citizens resident in Scotland

Citizens Advice Scotland has launched a national advice and legal support service for EU citizens resident in Scotland.

The service is for EU citizens who would like to apply for settled status but have complex support needs, limited digital access, difficult personal circumstances, language barriers, or specific immigration or residency issues.

EU Citizens Support is funded by the Scottish government via Citizens Advice Scotland, which has allocated £800,000 to cover the two year transition period for the settlement scheme.

The service also receives funding from the Home Office. Eighteen specialist dedicated advisers based in CABs throughout Scotland can provide OISC level 1 advice to members of the public via a free national helpline.

Lanarkshire Community Law Centre has been awarded funding to provide second tier legal support to CAB staff across Scotland, and a referral service for legal representation at the First-tier Tribunal (IAC), or when deportation enforcement procedures are provoked by the refusal of an application.

Andy Knox, principal solicitor and director at the law centre, told Scottish Legal News: “The EU Citizens Support Service is critical to ensure that EU citizen’s rights are protected throughout the legal maelstrom that’s been unleashed by the chaos of a confused and confusing Brexit.

“While the EU Settlement Scheme is fit for purpose in principle, take up figures to date are concerningly low, potentially leaving hundreds of thousands of EU citizens with a precarious immigration status, if and when EU free movement rights are extinguished.

“What is also not clear is the position of applicants being refused or rejected on suitability or other grounds. The Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-19 does not presently contain any specific provision affording EU Citizens a right of appeal to the First Tier Tribunal (Immigration & Asylum Chamber). This is deeply concerning, as the only present review mechanism is Home Office internal administrative review or judicial review.

“Given the volume of future applicants and the crucial contribution that EU nationals make to the Scottish economy, independent Judicial oversight will be critical to ensure the Secretary of State is administering the EU Settlement Scheme in accordance with her own immigration law and policy.”

EU citizens can obtain confidential and impartial advice from their local Citizens Advice Bureau, Citizens Advice Scotland website at www.cas.org.uk, or they can call dedicated EU advisers on the CAS national helpline 0800 916 9847.

Any enquiries can be made directly to andy.knox@lclc.org.uk

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