We move on to item 4—statement by the Minister for Social Justice: European Union settled status. And I call on the Minister to make the statement, Jane Hutt.

Thank you very much, Llywydd. As we near the UK Government’s deadline of 30 June for European Union settlement scheme applications, I am pleased to provide an update on the Welsh Government’s position and the support we continue to provide to EU citizens here in Wales.

The Deputy Presiding Officer (David Rees) took the Chair.

All EU, European Economic Area or Swiss citizens who were resident in the UK by 31 December 2020 are required by the UK Government to apply to the EU settlement scheme by Wednesday 30 June 2021, to secure their status to continue to live and work here. This is not a position I wanted our EU citizens to find themselves in. The Welsh Government has long advocated and called on the UK Government to extend the deadline and to at least consider the ongoing impact of the pandemic, and I have recently written to Kevin Foster MP on this issue.

However, I am thankful that, following repeated calls from Welsh Ministers, on 1 April, the UK Government did update its EUSS caseworker guidance to make provisions for more complex applications and to give caseworkers the discretion to accept late applications on reasonable grounds. However, and as much as I welcome this sign of flexibility, I do not feel the allowances go far enough and I will continue to urge the UK Government to show maximum flexibility post June 2021. Alongside this, it is important that we collectively focus energies on ensuring that EU citizens are aware of the scheme, are aware of the deadline, and have the best support possible to make an application.

Deputy Llywydd, I am pleased to report we are making progress. The most recent quarterly statistics published by the Home Office on 27 May 2021 show that the number of Welsh applications being made to the scheme and the number of individuals subsequently securing settled or pre-settled status continues to increase. To date, a total of 87,960 applications have been made by EU citizens resident in Wales, and, of those applications, 58 per cent of individuals have secured settled status and 40 per cent have secured pre-settled status. But concerns remain for those 40 per cent of applicants who have secured pre-settled status and will still need to apply for settled status when they become eligible.

We know there are people who have not yet applied to the scheme, and there are a number of reasons which we believe are contributing to this: some EU citizens may have come to live in the UK many years ago and do not realise that they need to apply; some may have had children whilst living here and are not aware that applications must be made for each family member. Others face digital barriers and issues to obtain the correct documentation and we are aware that some are simply overwhelmed by the process. In addition to this, I also remain deeply concerned about the number of vulnerable citizens in Wales who may not yet have applied.

Unfortunately, we still don't know the scale of the challenge that remains, as it is not possible to accurately calculate the number of EU citizens in Wales who haven’t applied. This is because the UK Government does not know exactly how many EU citizens are eligible to apply. It was initially anticipated that there were approximately 70,000 EU/EEA eligible citizens living in Wales, but more recent estimates by local authorities in Wales suggest that there may be approximately 95,000 eligible EU citizens. Despite the uncertainty, the Welsh Government continues to provide a wide range of support in the hope that as many EU citizens as possible can gain settled status. 

The Welsh Government has provided support to EU citizens since 2019, and we have committed funding into this financial year to recognise the scale of the challenge that remains. The continued support has enabled the extension of the EU citizens immigration advice services beyond the EUSS deadline, as well as the extension of the specialist advice services being provided by Newfields law firm, Citizens Advice Cymru and third sector organisation Settled. In addition to this direct support, the Welsh Government has a detailed and targeted communication plan for EUSS and we'll continue to work with our partners over coming weeks to communicate key messages and raise awareness via social media, the EUSS Wales coordination group, local radio, news articles and Welsh Government press notices. And we continue to engage with local health boards, local authorities, consulates, privately owned care homes, the older people’s commissioner, the children’s commissioner and a number of specialised third sector organisations to target vulnerable groups and ensure that where an individual may not be able to submit an application their representative or guardian has the support to do so on their behalf. 

But, our focus is not just the EUSS deadline, it’s also how we support our EU citizens post 30 June. We anticipate there will be a need for continued support, as a consequence of late applications made in line with the UK Government’s updated caseworker guidance, and we anticipate there will be appeals, all of which will need our continued support. But looking beyond the process support, the Welsh Government and the Welsh public sector has ongoing statutory as well as a moral obligation to ensure that EU citizens' rights are protected and continue to be upheld. Obligations we must all play our part in, and where the UK immigration rules prevent certain support being made available to those who have not yet secured settled status, we are working with our local authorities to make sure we all operate with compassion and knowledge about what support can be put in place. Over coming months, the Welsh Government will be developing no recourse to public funds guidance for local authorities, which will be published later this year.

We must all work together to ensure that EU citizens are treated fairly and enjoy the same rights as they have previously. Over coming weeks and months, the Welsh Government will be working with partners to raise awareness of EU citizens' rights, and has already trained 350 front-line local authority staff on migrant rights and entitlements to services. In due course, additional information for EU citizens about their rights and entitlements to services in Wales will be available via the Welsh Government’s Sanctuary website.

I hope that all Senedd Members will support the Welsh Government’s efforts to ensure all eligible EU citizens who need to apply for settled status have adequate opportunity to do so, that they continue to be treated fairly and have access to the same entitlements they enjoyed when we remained in the European Union.

Three years—. Thanks for your statement. Three years ago, in June 2018, the UK Government published its step-by-step guidance on applying to the EU settlement scheme, settled and pre-settled status, for EU, EEA and Swiss citizens and their families to apply to continue living in the UK after the application deadline of 30 June 2021—by coincidence, my mother's birthday. You referred to the total 87,960 applications made by EU citizens resident in Wales, 58 per cent of which have secured settled status and 40 per cent pre-settled status. Across our UK, latest UK Government statistics show 5,423,300 applications and, of these, 5,118,300 have so far been processed. 

You referred to concerns, both for applicants who have secured pre-settled status and will still need to apply for settled status when they become eligible and people who have not yet applied to the scheme, and state that you have written to the UK Minister, Kevin Foster MP, calling for the deadline to be extended. However, how has the Welsh Government been working with the UK Government where, for example, Kevin Foster stated only last weekend

'Every day, thousands of people are being granted status under the hugely successful EU Settlement Scheme, and I would urge people who are eligible to apply as soon as possible to secure the status they deserve in UK law'?

We've already confirmed that someone who has applied to the scheme by the 30 June deadline but has not had the decision by then will have their rights protected until their application is decided. 

You referred to Welsh Government support to EU citizens since 2019, which Welsh Conservatives have been pleased to support from the outset. This included the Welsh Government-funded service to assist EU nationals in Wales with registering for the EU settlement scheme, delivered through Flintshire citizens advice, Cardiff and Vale citizens advice and citizens advice Newport. And I was pleased, for example, to host a joint webinar with citizens advice Flintshire last July for EU, EEA or Swiss citizens to find out more about the help available for both the EU settlement scheme and employment and discrimination. 

The UK Government Minister, Kevin Foster, has said that the UK Government has also given £22 million to 72 organisations to help vulnerable and harder to reach groups to apply, and the Home Office has over 1,500 people working on the scheme. How have you ensured that the schemes supported by the Welsh Government have complemented rather than replicated these UK Government schemes, and what figures can you share or will you be able to share with us evidencing the specific outcomes from Welsh Government support disaggregated from the support schemes funded by the UK Government?

Finally, there's particular concern about the number of older people who have not applied for settled status and about parents who seem unaware that they need to ensure that children, and even babies, apply for settled status this month. Listening to one of my favourite radio channels travelling down yesterday, Absolute Classic Rock, I heard UK Government adverts targeted at these specific groups accordingly. So, what specific action is the Welsh Government therefore taking, either with the UK Government or independently, to reach these groups of people?

Well, thank you very much, Mark Isherwood, and I very much welcome you back into the Senedd, alongside myself, and obviously covering these key issues of social justice. And I thank you for not only your questions and points but also for urging people to apply, obviously across your region and across Wales. And I know that will be, I'm sure, echoed by all Senedd Members today.

Indeed, we also welcome the progress that has been made in Wales, and I would say that that's progress that's been made as a result of partnership—not just partnership with the UK Government but also with our EU citizens support co-ordination group. I think that's a very important group to comment on, because it's about co-ordinating the delivery of EUSS advice and support services in Wales. The EU settlement scheme Wales co-ordination group brings together successful Home Office grant recipients, delivering in Wales with other key delivery partners and agencies, and it does actually co-ordinate successful delivery, which is of course the question you're asking me in terms of the outcomes. It does co-ordinate that delivery of EUSS advice and support, sharing reports on the work of supporting organisations. And you've mentioned Mind, Flintshire Mind, and we obviously welcome—. Sorry, Flintshire citizens advice. Mind is also another organisation that has been very engaged as well, and there may be Mind organisations in your region playing a part, but certainly Citizens Advice has been crucial. We've funded Citizens Advice since 2019; they're providing general and specialist advice covering a range of issues, and that includes settled status applications, social welfare, benefits, and also employment and workplace matters. Now the crucial point for us is that we have extended that funding to these organisations, not just Citizens Advice, but also to Mind, TGP Cymru, Settled, Newport Mind—which actually covers a lot of Mind organisations, as I said—Newfields Law, as well as the Royal Association for Deaf people, which is important in recognising there are vulnerable people, as you've mentioned, older people, particularly in terms of making sure that we reach out to them, but also the older people's commissioner and the children's commissioner extensively engaged as well in our communications strategy. So, working to deliver, but these are crucial days, aren't they, crucial times, crucial days and weeks as we move forward and we need to get that assurance from the UK Government that they will be flexible, they will recognise the needs and the issues around vulnerable people.

Now I have mentioned my letter to Kevin Foster MP, the Minister for Future Borders and Immigration, and I'm very happy to share that letter to Members following my statement today. And I have asked to ensure that the Home Office's caseworker guidance should offer that level of flexibility and reassurance for those who have complex cases—for whatever reason, they are unable to submit an application by the deadline—and I have urged the UK Government to monitor the application of this guidance and ensure it remains fit for purpose. And I also did say—. Again, I restated my position that we feel that the deadline, the EUSS application deadline itself, should be extended to ensure that, come 30 June, we're not left with EU citizens who haven't been able to make that application, and to recognise that they are in very challenging times. So, I hope, Mark Isherwood, you and your colleagues will also pass that message to the UK Government.

Plaid Cymru spokesman, Peredur Owen Griffiths.

Thank you, Deputy Presiding Officer, and thank you to the Minister for her statement.

It's important that people wishing to apply for this scheme are offered as much support as possible, and, as has been mentioned previously, the deadline is fast approaching at the end of this month. In the last Senedd, the External Affairs and Additional Legislation Committee wrote to the Welsh Government with their recommendations. Their recommendations were for the Welsh Government to reiterate its support for these citizens, that they ensure that the support extends beyond the deadline, that they provide digital accessibility support, and that they provide support to Welsh employers to help them navigate the new immigration system.

It would be useful to hear from the Minister whether these recommendations have been accepted and implemented, and, if not, why not. There were already issues with the scheme; the pandemic has not only made these issues worse, but it has introduced new challenges for EU citizens applying to the scheme. This can be seen in the uptake and the application rate. Despite the high numbers of initial applications to the scheme, the application rate in Wales slowed down during the first pandemic. Could the Minister comment on whether there has been a slowing down in the application rate during the second wave, as was seen in the first, and will this mean that some people will miss out?

Also, according to the EU ambassador to the UK, some EU citizens have reported that travel restrictions mean that they could not access their documentation. This documentation is needed as proof of their residence in the UK. Is the Minister aware of this being a widespread issue, and, if so, has the Welsh Government offered or provided support to those impacted?

One area of particular concern to me is the digital-only nature of the application. The pandemic has intensified the UK's digital divide, and, as the scheme is a digital-only application process, it poses particular challenges for vulnerable groups already affected by the digital gap, such as older people and the homeless. We need to acknowledge these needs of the most vulnerable citizens, particularly those who might be at risk of digital exclusion. Could the Minister outline what particular steps has the Welsh Government taken to try and overcome and bridge this divide to ensure that no-one is left behind?

Further reports have outlined how EU citizens in Wales may struggle to qualify for full settled status as a result of the pandemic. The director of the Migration Observatory warned that people with pre-settled status may not know that they need to convert their status through a second application, and might forget the deadline without reminders. Is the Government confident that they are doing everything they can to ensure that those who need to make a second application are receiving reminders to do so? Additionally, the EU ambassador to the UK also explained that some EU citizens with pre-settled statuses have had to leave the UK during the pandemic. These citizens may be stranded in different countries due to travel restrictions. These citizens may struggle to provide the evidence of five years' continuous residence needed to get settled status. Has the Welsh Government therefore considered alternative strategies to support citizens who missed the application deadline, or missed application criteria, due to the circumstances caused by COVID-19?

Of course, ultimately this is a Home Office and Westminster matter, and I'm sure I'd be right in saying that perhaps this system and the new incoming immigration system from Westminster isn't the system that we or the Welsh Government would like to see. However, for now it is Westminster that controls this matter. Bearing in mind that some people will miss out on this scheme for these reasons, what further support will the Welsh Government give? Finally, will the Minister urge her counterparts in Westminster to put in place a robust appeals process for the people whose applications are yet to be completed due to the impact of the pandemic, to ensure, in the words of the First Minister in his open letter to EU citizens, that they

'are, and always will be, welcome in Wales'?

Diolch yn fawr.

Diolch yn fawr, Peredur, and thank you very much for those key, important points. I'm very glad you also drew attention to the report of the Welsh Affairs Committee. It has been a matter of great concern as a result of the pandemic. That's why the deadline, we wish to—. We've asked the UK Government repeatedly, pressed the UK Government, to extend the deadline of 30 June 2021, particularly in light of the pandemic, but sadly to no avail. But I actually have mentioned that, as a result of many representations—. In my statement, I drew attention to the fact that the review and updating of caseworker guidance has meant that we've got more flexibility. But obviously we will have to monitor that very carefully with those organisations that we're funding, and extending the funding, of course, to make sure that they can support people.

But just to give you some idea of what that flexibility means, it gives caseworkers the discretion to accept late applications where they believe there are reasonable grounds, and I have urged, and I continue to urge, the UK Government to monitor the guidance and ensure it remains fit for purpose post the end of the month. But of course, as you've said, it's not the end of the process for many. Those receiving pre-settled status will have to reapply for settled status when enough time has elapsed for them to do so, and the support that they will need may need to continue. We need to ensure—although obviously we're working in partnership not just with the UK Government, but with our local authorities and all the specialist organisations that I've mentioned already that we're funding to ensure that we can reach out to those more vulnerable EU citizens. We are concerned about the number who may not secure the settled status, and it may be for different reasons. We must, and the UK Government must, acknowledge and address that situation post June 2021, because we could have thousands of EU citizens left without clear status in the UK through no fault of their own. I have mentioned the EU settled status Wales co-ordination group, and I think it's important to recognise how they've been working since 2019 to promote public awareness and participation in the EUSS in Wales, maximising citizen access through very focused publicity—I've mentioned the communications campaign—but also identifying any gaps in the current supported provision to assist the Welsh Government and Home Office in finding solutions to overcome any issues. Just to give you some idea of who sits on that group: Welsh Government, Newfields Law, Wales civil society forum on Brexit—which, of course, reaches out to every community across Wales—Citizens Advice Cymru, Migrant Help, Newport Mind, Wales Council for Voluntary Action, TGP Cymru, Welsh Local Government Association, Settled, Wales TUC, and so many other specialist organisations. 

I just want to also thank you for mentioning the letter that the First Minister wrote on 6 March of this year. He wrote an open letter to all EU nationals living in Wales, urging them to apply and to do so before the deadline in June, published in 11 languages. And again, you've given me the opportunity to say that the message from the First Minister was to say that you, your families, will always be welcome in Wales. And we want to make sure that your contribution, which you make to our communities, our public services and our businesses, is recognised as invaluable and

'how hard the last few years have been for you, with all the uncertainty that Brexit has brought'.

That's what he said in his letter. He continues:

'and now, an ongoing pandemic which has made a difficult situation much harder to deal with.'

Over the next few days, you will hear more messages of that kind coming forth from the Welsh Government.

Jenny Rathbone. You are unmuted.

Thank you very much. Sorry, I didn't realise I was unmuted. Thank you very much indeed for the statement, Jane Hutt. I think it's really good to know how much attention is being paid to this important matter, certainly for many, many of my constituents. I thank you for the money you've invested in Newfields Law, the CAB and the voluntary organisation, Settled. I was very interested in your latest estimate of the numbers affected by this measure. So, we can see that of the nearly 88,000 people who've applied, 40 per cent have still only got pre-settled status and you do wonder why people are being given this pre-settled status when we're talking about people who've been here for years and years, in the main. 

And, in addition to that, it enables us to see that there are approximately 7,000 people who have yet to apply, and may not even be aware that they are required to do so. As the Plaid spokesperson earlier pointed out, many people are digitally excluded and I particularly worry for those on limited incomes, either living on savings or a small pension or those on modest wages, who may simply not realise that you don't actually have to pay to apply for settled status, even though there are—

Can you come to your question now, please?

—many hidden charges to gather the required evidence. So, I just want you to say a little bit more about how local authorities and Government are going to deal with people who may not have recourse to public funds. You know, the Conservative spokesperson says they're not going to be treated as people who are no longer able to get public services, but that's been said before in relation to other people. So, I just wondered if you could say a little bit more about what exactly local authorities and the Welsh Government are going to do to people who have their claims rejected, even if they've lived here for years.

Thank you very much to Jenny Rathbone for the recognition of the importance of this statement, and also the recognition of the needs and circumstances of your constituents, particularly those who are the most excluded and on lower incomes and who haven't had access to the information that they require to ensure that they do get their applications in.

Also, many people are not aware, and perhaps just for a moment I can explain the difference between settled status and pre-settled status. You'll usually get settled status if you've lived in the UK for a continuous five-year period, known as 'continuous residence'. Obviously, to meet that criteria, it has to ensure that you've had at least six months in any 12-month period, and there are exceptions. Once you get that settled status you can stay in the UK as long as you like, and you'll also be able to apply for British citizenship if you're eligible. But pre-settled status is about when you haven't got five years continuous residence when you apply; you will usually get pre-settled status. You must have started living in the UK by 31 December 2020, unless you're applying as an existing close member of a family of an EU citizen who had started living here by then. So, there are complexities, aren't there, Jenny, and Members here, about how we can ensure we get this information out. I'm grateful for your question, because it actually shows how much more we need to do in the days ahead to reach out to people.

I want to just finally say that local authorities are engaged in this very fully. There's been a local authority training programme. Over 400 individuals will be trained through a scheme for housing and social services staff to ensure that they understand migrant rights and entitlements to services post Brexit. Indeed, we have given funding to continue EU transition support to local authorities across Wales, so they have a co-ordinator in each authority and a central support programme, delivered by the Welsh Local Government Association.

Minister, just last week, Kate Smart, chief executive officer of Settled, said:

'many who have lived in the UK for decades...are only just realising they must apply to the scheme.'

Well, my Welsh-Italian family have been through the process and are fine now. The advice provided by Welsh Government was useful, but family members also helped other family members through the process too. But my question is simple. In these final weeks, what can we do as Members of the Senedd to encourage people to get involved in our local areas?

Diolch yn fawr, Huw Irranca-Davies, and thank you for giving that very real and personal example of your Welsh-Italian family and how they have accessed and achieved that settled status, which is what we need to ensure all our citizens who are eligible are able to do.

You asked a specific question about Members of the Senedd. I think, probably, all of you are already thinking, 'What can I do?' They can encourage constituents to apply by sharing information. I would say columns in the local newspaper, and social media is crucial. Look to your local Citizens Advice. Ask your local authority EU co-ordinator what they're doing. Reach out publicly, as you are a trusted Member, a Senedd Member, and we need to ensure that we get to the local radio stations, local newspapers, social media, and give the information that I've identified in my statement.

Thank you, Minister. Before the next item—.

Can I remind Members—those who were not here last time—the spokespeople have five minutes each and individual Members have one minute each? I will keep you to the time, because it's important that we make sure that as many people as possible are able to speak in these statements. I also ask Ministers to also be succinct in their answers, so we continue to allow that time.