The future of the Indian citizens from Goa who have recently arrived on Portuguese passports to the UK remains in a “limbo” amidst the on-going Brexit negotiations.
Over the last five years tens of thousands of Indians have settled in Britain by becoming citizens of Portugal. According to the Portuguese law, anyone who was born before 1961 in Goa, India and in the union territories of Daman and Diu is entitled to Portuguese citizenship as these places were once colonies of Portugal.
Amit* is one such Goan citizen who has recently moved to the UK in December 2018 on a Portuguese passport. Previously, an Indian citizen, he surrendered his Indian passport and applied for a Portuguese passport in August 2018.
“I was thinking of visiting Sweden or France earlier to scope out for job opportunities but I dropped the idea and decided to settle in the UK fearing a no-deal Brexit post 29th March,” he said.
Amit's grandfather's marriage was registered in Portuguese in Vasco, Goa through which his mother was able to secure Portuguese nationalisation and was able to pass it to him. Today, Amit stays on his own in the UK, looking for a job and continues to closely monitor the Brexit negotiations.
“In the event of a no-deal Brexit, my right to work and stay in the UK is at stake. As of today they have mentioned that there would be a settlement scheme only if we leave the EU with a deal but I don't know what is going to happen,” he said.
Settlement scheme and a potential Windrush-like Scandal?
Both UK and EU nationals as of today enjoy the freedom of movement without applying for visas being part of the EU. However, if the UK collapses out of the EU without a deal, then this freedom of movement can potentially be hampered. Some experts suggest that this might even lead to a “Windrush-kind scandal” where immigrants can be deported back to their countries despite living in this country for years.
Meanwhile, Home Secretary Sajid Javid has outlined the two options of EU nationals receiving a “settled” or a “pre-settled” status if the UK leaves with some sort of a deal.A pre-settled status is applicable to EU citizens who have been staying in the UK for less than 5 years whereas those EU citizens who have been residents in the country for over five years are entitled to the “settled” status.
As per the current norms, the Goans are told that they would have all rights of EU citizens until December 31, 2020. From March 30, 2019 and until December 31, 2020, they will be required to apply for “settled” or “pre-settled” status to the UK Home Office.
According to the report 'Possible Effects of Leaving the EU' authored by Leader of the Council, Swindon, 61,745 electors (54.7%) in Swindon voted for the UK to leave the EU in the referendum held on 23rd June 2016 which saw a 75.8% voter turnout. There are over 20,000 people have evaded strict checks on non-EU residents coming to the UK after obtaining Portuguese passports with a majority staying in Swindon, Leicester among other areas. According to the report, the government opened the application for settled status for those EU citizens already in the UK who work in the health or social care sectors from 29th November 2018. The report suggests that the Council Officers had participated in briefings about how the pilot testing phase could be introduced here. However, the pilot schemes do not extend to spouses, partners, or families.
Amit* today qualifies for a “pre-settled” status however, if the UK leaves without a deal then he says, that he might look to settling in Ireland, Sweden or even the middle-east. But even in the process of securing a deal, registration with the government would require legal assistance.
“Even if the government is able to secure some sort of a deal, there will be a legal expenditure that would be associated with the registration process for everyone who has been living in the UK for less than five years.
“But my biggest fear is that a vast majority of these citizens might not be able to meet the funding requirement, that is likely to be made mandatory by the government to live in the UK,” said a councillor who wished to stay anonymous.
There appears to be an increasing possibility of a no-deal Brexitbut whatever be the consequence of Brexit, the councillor emphasizes that “we must be prepared for the negative implications it will have on immigrants on the whole.”
