European citizens rough sleeping in Scotland face being arrested and removed from the UK

Written by Liam Kirkaldy on 27 June 2017 in News

Home Office policy change means someone from the European Economic Area found rough sleeping would, under certain circumstances, be considered to be in breach of their treaty rights

Rough sleeping - image credit: PA

Immigration officers are targeting European citizens sleeping rough in Scotland for arrest and removal from the UK, following a change in policy introduced by the Home Office.

The change, introduced in February, means someone from the European Economic Area found rough sleeping would, under certain circumstances, be considered to be in breach of their treaty rights so would be liable to be arrested and removed from the UK. Holyrood understands that Immigration Compliance and Enforcement teams have begun enforcing the change in Edinburgh.

But while the Home Office said it would work with local authorities and homelessness agencies in enacting the new policy, Freedom of Information requests reveal that Edinburgh City Council has not been issued with direct guidance on how they would be implemented.


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Meanwhile homelessness charities have warned that they will not hand over information to enforcement authorities, except in circumstances where they are legally required to do so.

Edinburgh homelessness charity Streetwork told Holyrood that although it will make those effected aware of the Home Office’s offer of voluntary assisted return to their country of origin, it is not bound to share information with the Home Office which could see EEA nationals arrested and removed.

A Home Office spokesperson told Holyrood: “It is unacceptable for anyone to come to the UK with the intention of sleeping rough or to beg on the streets to support themselves.

“Those who are encountered rough sleeping may be misusing their free movement rights. We will take action, including removal from the UK where appropriate, against EEA nationals who refuse to find alternative accommodation.

“We work closely with local councils and homelessness outreach services to ensure that those who are vulnerable receive the care they need.”

Adam Lang, Head of Communications and Policy at Shelter Scotland, warned the new guidance may be misinterpreted or applied incorrectly to remove people unlawfully.

He told Holyrood: “This change to UK Government guidance on administrative removal of EEA nationals makes an already complex legal situation even harder to understand for very vulnerable people who may not know their rights. We are concerned this new guidance may be misinterpreted or applied incorrectly to remove people unlawfully. We would encourage anyone facing action under the new rules or those who know them to seek housing advice urgently.

“All rough sleepers are people being failed by the housing safety net which should catch them when they face the tragedy of homelessness. It is a visible sign of how we as a society are failing to provide the basic human right of a home for everyone.”

Home Office guidance on EEA administrative removal, which was updated the month before the UK triggered Article 50, states that “rough sleeping may be a misuse of a right to reside, therefore EEA nationals or their family members encountered sleeping rough may be subject to administrative removal under regulation 23(6)(c) where it is appropriate to do so”.

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