Return of expats and EU nationals to the Isle of Man

Summary

The requester asked for documents regarding the return of expats and EU nationals to the Isle of Man post-Brexit and their impact on infrastructure and health services. The Cabinet Office responded that no such information is held because the Immigration Service does not track British citizens returning from the EU, as they are not under immigration control.

Key Facts

• The Cabinet Office does not hold the requested information regarding the return of expats and EU nationals.
• The Immigration Service has not conducted work on British or Manx persons living in the EU returning to the Isle of Man.
• British citizens are not subject to immigration controls, which is why no data is held on their return.
• EU, EEA, and Swiss citizens wishing to return prior to Exit Day could apply to the IOM European Union Settlement Scheme (EUSS).
• The EUSS has been in operation since 29 March 2019 and aligns with the UK's scheme.

Data Disclosed

• 26 August 2019
• 27 August 2019
• 9 September 2019
• 24 September 2019
• 29 March 2019
• 5 years
• 2 years
• 937849
• page 271

Exemptions Cited

• Information not held

Original Request

Please provide all meeting notes, minutes, papers, assessments, impact assessments, analysis, forecasts, lists of key dates, documents (in whatever form), requisition notes and phone transcriptions as well as any other documents that are information pertaining to the Council of Ministers' meetings, discussions and deliberations regarding the return of expats and EU nationals to the Isle of Man post No Deal BREXIT and the effects on the Isle of Man's infrastructure and health service.

Data Tables (2)

Full Response Text

Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co

Our ref: 937849 24 September 2019

Dear ###

We write further to your request which was received on 26 August 2019 which states:

"Please provide all meeting notes, minutes, papers, assessments, impact assessments, analysis, forecasts, lists of key dates, documents (in whatever form), requisition notes and phone transcriptions as well as any other documents that are information pertaining to the Council of Ministers' meetings, discussions and deliberations regarding the return of expats and EU nationals to the Isle of Man post No Deal BREXIT and the effects on the Isle of Man's infrastructure and health service."

On 27 August 2019 we subsequently asked for clarification from you to identify the information requested, in accordance with Section 14(1)(i) of the Freedom of Information Act 2015. In particular, relating to your request for information "...regarding the return of expats and EU nationals to the Isle of Man post No Deal Brexit...."; we asked if you could clarify: “i) whether by expats you mean British citizens living outside the United Kingdom; and ii) whether by EU nationals you mean those EU nationals who hold an immigration status under the European Union Settlement Scheme. An immigration status under the European Union Settlement Scheme set out in Appendix EU of the Immigration Rules means i) indefinite leave to remain under which you can spend up to 5 years in a row outside of the UK and Islands without losing your status, ii) limited leave to remain under which you can spend up to 2 years in a row outside of the UK and Islands without losing your status.”
You responded to the request for clarification on 9 September 2019; “I am trying to establish what the impact will be (with reference to my FOI request) for the Isle of Man from British/Manx persons currently living in the EU who will/may be forced to return to the Isle of Man.” While our aim is to provide information whenever possible, in this instance the Cabinet Office does not hold the information that you have requested. The Immigration Service has not done any work around British/Manx persons living in the European Union

returning to the Isle of Man. The Immigration Service’s work is around those under immigration control, British citizens are not under immigration controls. In relation to EU, European Economic Area (EEA) and Swiss citizens who wish to return to the Isle of Man prior to Exit Day may be eligible to apply to the IOM European Union Settlement Scheme (EUSS) (Appendix EU to the Immigration Rules from page 271) which has been in operation since 29 March 2019 and aligns with the UK's European Union Settlement Scheme. Further information is available on the Immigration webpages.

Please quote the reference number 937849 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review. If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi. I will now close your request as of this date.

Yours sincerely David Kinrade Head of Executive Office