Brexit sparks fears of women falling victim to hostile environment

6 March 2020

As we celebrate International Women’s Day, we should not forget the challenges facing women who have relocated to the UK and the impact and upheaval that they may face due to Brexit.

The UK left the EU on 31 January 2020. As a result, Europeans and their families must apply under the European Settlement Scheme to be able to continue living in the UK after 30 June 2021. Many of those who do not apply by this date will no longer have lawful permission to be in the UK, which will have an enormous impact on their lives. Amongst other issues, they will no longer be able to work, drive, access housing or public healthcare in the UK.

Applications must be made online and normally require an applicant to download an App on an iPhone or Android device to confirm their identity. Whilst this is straightforward for many, research indicates that vulnerable groups, overrepresented by women, face a host of barriers to securing status under this scheme.

The Home Office has not released data on the number of applications made by sex or gender. However, the latest published statistics show that only 2% of applications have been received by those aged over 65. Research by the Migration Observatory has highlighted that a high proportion of this group is likely to be women. Research also indicates that women make up over 65% of Europeans in the UK who are non-internet users, over 90% of Europeans who are not working due to caring for family members, and over 75% of all economically inactive Europeans in the UK.

These groups are more at risk of missing the deadline to secure their status in the UK as a result of a number of difficulties. These include reduced independence, information barriers, not having sufficient identity or evidence of residence, literacy and language issues, perceived ineligibility and lack of access to technology. There are measures in place for those who have complex cases or face difficulties with the application process, however concerns remain as to the how many people are actually aware of and able to access additional assistance being offered.

Reduced autonomy will also be an obstacle for women who are in controlling or abusive relationships or those who are victims of exploitation or trafficking. In a written submission to the Domestic Abuse Bill Committee last year, the Step Up Migrant Women Coalition reminded Government that the Home Office’s own policy recognised that perpetrators of abuse often leverage immigration status as a tool of coercive control. Echoing the requirements of other immigration categories, non-European partners must provide evidence of their relationship with the European national to secure their status under the scheme. Whilst there are mechanisms in place for victims of domestic abuse, this normally requires evidence from third parties such as the police or social services. Not all can and will reach out to third parties for help, nor will they be aware that alternative evidence can be submitted. As a result, the interdependence can easily be abused and women forcibly prevented from applying under the scheme.

It is not only women who will be impacted by these barriers, however they are likely to represent a significant number within the vulnerable groups of people who are at risk of not securing status under the scheme by the deadline. More must be done to reach out to all Europeans and their families so that they have the necessary understanding, means and access to apply under the scheme before June 2021. Failure to do so will leave people facing an uncertain future in the UK, see the removal of their rights in the UK overnight and be fully exposed to the hostile environment.

Zeena Luchowa

Senior Solicitor


Ellie Herman

Paralegal


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