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A government advert telling EU citizens how to apply to stay in the UK after Brexit has been banned.
The Home Office radio advert, which aired in April to promote the government’s EU Settlement Scheme, failed to tell listeners that they might need further documentation in addition to their passport or ID card in order to apply.
The scheme aims to help EU citizens and their families live and work in the UK after freedom of movement ends.
Listeners were told: “It is free and all you need is your passport or ID card and to complete an online form.”
But the Advertising Standards Authority ruled the claim was misleading, as many applicants were required to submit further documents not stated in the ad.
The watchdog said it understood applicants in 27 per cent of decided adult cases had been asked to provide additional documents as evidence of residence.
Applicants must prove their identity, show they live in the UK and declare any criminal convictions.
A complainant who heard the advert said they understood that in some cases applicants also needed to provide proof of address covering the previous five years and challenged whether the ad was misleading.
The Home Office said at no point was any applicant to the EU Settlement Scheme asked to provide proof of address as part of the application process.
It added, however, that it was not possible in the format of the advert to “cover all eventualities”.
The Home Office also said in 73 per cent of cases applicants did not have to submit any documents as evidence of their residence.
Upholding the complaint, the ASA said listeners would infer that the documents mentioned were all they would need to complete the entire process of applying for EU settled status.
It said: “While we acknowledged that applicants were not required specifically to submit ‘proof of address’ (as referenced by the complainant), some were required to submit further documents beyond those stated in the ad.
“In that context, we considered that the ad did not make sufficiently clear that, in some cases, applicants would need to supply documents beyond their passport or ID card,” it added.
The ASA ruled the advert must not be broadcast again in the form complained about, adding that the Home Office needs to make it “sufficiently clear” that some applicants would need to provide more documents.
A Home Office spokesman said they completely disagreed with the ASA’s decision.
“The campaign was factual and complied with all necessary clearance processes for radio advertising,” they added.
“The campaign has had a positive impact and encouraged more than one million successful applications so far.
“The scheme is free, straightforward and EU citizens and their family members have plenty of time to apply. All they need to apply is their passport or ID card and to complete an online form.”
The scheme has been open to EU, EEA and Swiss citizens since March of this year, with applications currently having to be made by 31 December 2020 if the UK leaves without a deal, and 30 June 2021 if it leaves with a deal.
