10 Amendments of Loránt VINCZE related to 2020/2202(INI)
Amendment 1 #
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1 Recalls that Part Two of the Withdrawal Agreement allows both EU citizens residing in the UK and UK nationals residing in the EU-27 at the end of the transition period to continue to live in their host State, exercising their rights based on EU law, provided that EU citizens and UK nationals are workers or self-employed, or have sufficient resources and health insurance, or are family members of a person who fulfils these conditions, or have already acquired the right of permanent residence and thus no longer be subject to these conditions;
Amendment 2 #
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Welcomes the Joint Statement following the tenth meeting of the Specialised Committee on Citizens’ Rights of 15 June 20221a whereby the EU and UK reaffirmed their commitment to protect citizens’ rights in accordance with the obligations laid down in the Withdrawal Agreement; _________________ 1a https://ec.europa.eu/info/sites/default/files /20.06.2022_joint_statement_sc_citizens_r ights_en.pdf
Amendment 3 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the Withdrawal Agreement allows the EU Member States and the UK to require mandatory application as a condition for confirmation of the enjoyment of the rights provided by the Agreement and that, like 13 Member States, the UK opted for a ‘constitutive system’ (the EU Settlement Scheme – EUSS), which grants eligible EU citizens resident in the UK either settled status or pre-settled status at the end of the transition period, allowing them to reside legally in the UK and enjoy all the rights provided for under the Withdrawal Agreement (WA); recalls that the WA makes clear that the administrative procedures under a constitutive system must be ‘smooth, transparent and simple’ and administrative costs must not exceed those imposed on nationals of the host State for obtaining similar documents;
Amendment 11 #
Draft opinion
Paragraph 2
Paragraph 2
2. SRegrets that the eligibility conditions applied by the UK for access to rights under the EUSS still differ from those provided in the Withdrawal Agreement; stresses that the misalignment of the EUSS with the WA creates a risk of legal uncertainty for EU citizens in the UK as to whether their rights are guaranteed under UK immigration law or by the WA, and whether they can use their EUSS status to prove their rights under the WA;
Amendment 13 #
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses its concern about the difficulties that EU citizens may encounter when applying for settled or pre-settled status due to the UK Home Office’s insistence on a digital-only approach; reiterates its call to the UK authorities to issue a physical document as proof of their right to reside in the UK in order to provide greater certainty and a sense ofsecurity1a; _________________ 1a European Parliament, Resolution of 15 January 2020 on implementing and monitoring the provisions on citizens' rights in the Withdrawal Agreement(2020/2505(RSP)).
Amendment 18 #
Draft opinion
Paragraph 4
Paragraph 4
4. URegrets the increasing delays in issuing residence documents and entry visas for EU citizens in UK and urges the UK authorities to elaborate plans to reduce the number of cases awaiting a decision; similarly urges the UK authorities to ensure the effective and transparent implementation of temporary protection measures for EU citizens who missed the deadline for applications;
Amendment 21 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Is concerned that the conditions and rights of pre-settled status holders are less secure than those of settled status, in particular that, pre-settled status holders without Comprehensive Sickness Insurance (CSI) have not been considered to have Withdrawal Agreement rights and thus cannot access benefits; recalls that in its judgement of 10 March 2022, the Court of Justice of the European Union ruled that eligibility for NHS treatment does count as CSI and that the UK should not have imposed the CSI requirement to maintain a right to reside; urges therefore the United Kingdom to comply, pursuant to Article 89 of the Withdrawal Agreement, with such judgments;
Amendment 24 #
Draft opinion
Paragraph 5
Paragraph 5
5. Considers it inconsistent with the WA that pre-settled status holders who do not reapply successfully for settled status risk losing their rights to live, work and access services in the UK; points out that pre-settled status holders can only lose their residence rights in limited circumstances (e.g. criminality, fraudulent applications, and extended absences), and that these circumstances do not include failing to apply for settled status; welcomes the fact that the UK High Court has granted permission to the UK Independent Monitoring Authority for the Citizens’ Rights Agreements to proceed with its judicial review claim against the Home Office in this respect;
Amendment 32 #
Draft opinion
Paragraph 6
Paragraph 6
6. Urges declaratory Member States to address the UK’s concerns relating to evidencing status and to UK citizens living in the EU accessing benefits and services and calls on the Commission to improve the monitoring of the implementation of the Withdrawal Agreement in the Member States in order to reduce cases of misapplication;
Amendment 37 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Acknowledges that the UK is a sovereign State and as such is free to set its own immigration policies; points out, however, that Section 75 of the UK’s Nationality and Borders Act requiring those without a UK immigration status (including EU citizens, with the exception of Irish citizens) to have an electronic travel authorisation (ETA) before entering Northern Ireland will impact negatively on European Union citizens resident in Ireland; stresses, moreover, that the ETA system would not be fully in line with Article 2 of the Protocol on Northern Ireland, which protects the rights of individuals and requires the UK to ensure that there is no diminution of the rights, safeguards or equality of opportunity, including protection against discrimination; emphasises that any UK proposal which could ultimately require EU citizens resident in Ireland to register in order to obtain an exemption from the ETA system is disproportionate and its implementation would amount to a possible breach of the principle of non- discrimination as set out in the Treaties";