Deportation: EU Nationals:Written question - 137396


Named Day

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Asked on: 24 April 2018
Home Office
Deportation: EU Nationals
To ask the Secretary of State for the Home Department, what steps she is taking to ensure that deportation safeguards are in place for EU citizens (a) before and (b) after June 2021.
Answered by: Caroline Nokes
Answered on: 27 April 2018

On 19 March 2018, we reached agreement with the EU on citizens’ rights as set out in the draft Withdrawal Agreement. The current EEA deportation test of ‘public policy, and public security and public health’ will continue to apply to any criminal activity committed prior to the end of the implementation period. Any criminal activity committed by an EU citizen or their family member after the end of the implementation period will be considered against UK domestic law for non-EEA nationals. During the implementation period, EU citizens will retain all of the procedural safeguards and protections set out in the Free Movement Directive 2004/38/EC including a statutory right of appeal against any restriction of their free movement rights. The draft Withdrawal Agreement extends those same protections and safeguards to those resident in the UK before 31 December 2020, who will be protected by the Withdrawal Agreement thereafter.

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