Frank Field (Birkenhead, Labour)
To ask the Secretary of State for the Home Department what assessment she has made of the adequacy of the powers under which EU citizens may be administratively removed from the UK; what conditions must be fulfilled for such removals to take place; and how many people of what EU nationality have been so removed in each year since 2008-09.
Mark Harper (The Minister for Immigration; Forest of Dean, Conservative)
holding answer 20 January 2014
EU nationals only have a right of residence in another member state for longer than three months if they are exercising treaty rights as a worker, jobseeker, student, self-employed or self-sufficient person. Member states can administratively remove EU nationals who do not fulfil the residence requirements.
Since 1 January 2014 those EU nationals who are administratively removed from the UK for not fulfilling the residence requirements will also be unable to re-enter for 12 months following their removal, unless they can demonstrate that they will be immediately exercising treaty rights.
Member states can also administratively remove EU nationals who abuse free movement rights. Since 1 January 2014 EU nationals who participate in, or facilitate, marriages of convenience, those who fraudulently acquire a right of residence, and those who seek to circumvent the requirements for residence can be administratively removed by the Home Office. EU nationals who are administratively removed from the.UK for the abuse of free movement rights will be unable to re-enter if there are reasonable grounds to suspect that readmission would lead to abuse.
Separate deportation removal powers apply for cases of criminality.
The Home Office publishes statistics on the number of EU nationals removed or departing voluntarily from the UK on a quarterly and annual basis, which are available from the Library of the House and from the Home Office’s Research, Development and Statistics website at:
(Citation: HC Deb, 22 January 2014, c204W)