Maltese people living in the UK say they feel confused and uncertain about their legal status after Brexit. 

They were reacting to comments made by the Brexit Secretary Stephen Barclay to Times of Malta on Tuesday, when he guaranteed the rights of all Maltese expats after October 31. 

During that interview Mr Barclay urged the Maltese diaspora - some 31,000 people - to apply to the free, EU Settlement Scheme and assured them they would receive a reply within one to four days. But this has not been the case.

Matthew Swain has been battling with getting his settlement status since 2016.

While some have had no issues, others have been battling the system since the 2016 referendum, such as 38-year-old Matthew Swain from Lija.

He grew up in Malta and moved to the UK 14 years ago. When voters decided Britain should leave the EU, he decided to start getting his paperwork in order.

When he first applied three years ago, he said he had to go through a very complicated process of filling out a form and paying a €72 fee. The form included giving details of the applicant’s travels in recent years as well as proof of their flights.

“As someone who visited Malta around four times a year, this was going to take ages for me to put the paperwork together. Then I saw Theresa May being interviewed about the application process and she said that even if you applied, you might not get it. There were so many mixed messages, I effectively just gave up and decided – since there was so much uncertainty – I would let the politicians sort it out and face the consequences.”

And it seems Matthew did the right thing. After so many complaints about the convoluted application process, it was scrapped in January and the EU Settlement Scheme was launched on March 30.

It states that Maltese who have been in the UK for five years or more by December 31, 2020, will be able to apply for ‘settled status’.

I effectively just gave up and decided – since there was so much uncertainty – I would let the politicians sort it out

Those who have not must apply for ‘pre-settled status’ – which gives them the right to stay until they reach the five-year mark. At that point, they must apply again for the right to stay.

But even this new system is not as straightforward as it sounds. Around a quarter of people told the government they were having issues with the system and many complained that the technology was not compatible with iPhone users.

Some members of the Maltese community in the UK also reacted to Times of Malta’s interview with the Brexit Secretary on Facebook. 

Jackie Brincat said: “My husband was advised to get a biometric residence permit (BRP). Apparently, the stamp in your passport for indefinite leave to remain is the only record you have. The Home Office don’t have that on record! Just going through the process now, so waiting to hear. He will then need to go to Croydon for fingerprinting and photo. He then carries that card as proof of his immigration status. Been here 44 years.” 

Another woman said that while she and her husband have settled status, they cannot verify it. This has created an issue for her husband, whose employer will not accept the e-mail verification as proof that he is still legally entitled to work after October 31, when Britain is due to leave the EU. 

Another person pointed out that the government is failing to inform people of the Windrush Scheme, which applies to anyone who arrived, or whose parents arrived in the UK, before 1989. 

Anyone who has not already applied have until the end of 2020 to apply to the EU settlement scheme in the event of a no-deal Brexit, or the end of June 2021 if there is a deal.

The UK Home Office estimates around a million individuals – fewer than a third of those eligible – have been granted settled or pre-settled status so far.

Luckily for Matthew, his employers at HSBC stepped in to help.

“This summer an e-mail went out at work, telling all EU employees that the bank was bringing in a specialist to help workers and their families figure out the system. I had a one-on-one meeting with a consultant and now have my proper documentation.

“But I know I am one of the lucky ones.”