Effect of the EU and UK's proposals on citizens' rights

Effect of the EU and UK's proposals on citizens' rights

The UK recently announced their negotiating position on EU citizen’s residing in the UK after Brexit. We discussed the terms of the UK and EU’s proposals here.

This post will provide a few worked examples to decipher how the proposals may work in practice. The precise requirements of the UK Government’s proposed settled status are not yet known. It presumed here that there is no requirement to exercise treaty rights in the UK (i.e. work, study, or be self sufficient).

Read More

Rights of EU nationals in the UK

Rights of EU nationals in the UK

The UK Government published their negotiation position on the rights of EU nationals in the UK today. The policy paper can be found here.

The EU Commission outlined their position on 24 May 2017. The Working Paper is available here.

The EU Commission would allow EU citizens in the UK on Brexit day to continue to enjoy the right to acquire permanent residence after a continuous period of 5 years' legal residence, even after Brexit day. This right would be retained for the duration of the EU citizen’s life. In practice, this would mean that EU citizens in the UK on Brexit day could leave the UK without jeopardising their ability to acquire permanent residence at a later date. They could return at any point, even years after Brexit, and acquire permanent residence after accumulating 5 years’ continuous legal residence. The requirements for acquiring permanent residence would remain the same as they are now (see here and here for previous posts outlining the requirements).

In contrast, the UK would bring an end to EU free movement law (including the right to acquire permanent residence) on Brexit day.

Read More

Brexit and the Sewel Convention

During the debate in the Westminster Parliament following the Queen’s Speech yesterday (21 June 2017) Theresa May suggested that a legislative consent motion may be required in the Scottish Parliament during the passage of the Repeal Bill, one of the 8 bills proposed in the Queen’s Speech to implement the UK’s withdrawal from the EU (see here, at column 62).

This has led some to suggest that the Scottish Parliament at Holyrood could “block” Brexit (see here and here). This is misleading.

Read More

New Immigration Bill announced in Queens speech

The Queen has set out the Government’s proposed legislative agenda in her speech to parliament today.  It covers the business of the next parliamentary session which will be two years long, double the normal length.
The Government document, Queen’s Speech 2017: Background Briefing Notes published at: https://www.gov.uk/government/topical-events/queens-speech-2017 provides the most detail on the proposals.

Read More

University Tuition Fees in Scotland: Home Students and International Students

University Tuition Fees in Scotland: Home Students and International Students

Clients often ask about whether they or their children will count as 'home students' at university in Scotland.  This question is a very significant one as it may often mean the difference between enrolling and not enrolling on a university course.  For those deemed to be 'international students', the huge tuition fees can represent a significant financial barrier to further education.
 

Read More

'Deport First, Appeal Later' Ruled Unlawful by Supreme Court

'Deport First, Appeal Later' Ruled Unlawful by Supreme Court

The Supreme Court ruled today that the government's trumpeted 'deport first, appeal later' policy is unlawful.

In the cases of R (on the application of Kiarie) (Appellant) v Secretary of State for the Home Department (Respondent) and R (on the application of Byndloss) (Appellant) v Secretary of State for the Home Department (Respondent) the Supreme Court unanimously allowed the appeals of Mr Kiarie and Mr Byndloss.  

Read More

The Immigration Act 2016 & Illegal Working

The Immigration Act 2016 introduced a new criminal offence of illegal working, aimed at individuals as workers, that came into force on 12 July 2016. The Act introduces other illegal working provisions for employers and the issue of certain licences for businesses.

It is now a criminal offence for a person to work in the UK if they know or have reason to believe that they are disqualified from doing so due to their immigration status. The maximum sentence is 51 weeks imprisonment in England and Wales or 6 months imprisonment in Scotland as well as an imposed fine.

Read More

Council of the European Union directives for the negotiation of an agreement setting out the arrangements for withdrawal from the European Union. 

On 22 May 2017 the Council of the European Union published its directives for the negotiation of an agreement with the United Kingdom of Great Britain and Northern Ireland setting out the arrangements for its withdrawal from the European Union. 

It will be some comfort to the millions of EU27 citizens currently in the UK that preservation of their residence rights have been confirmed as being the first priority in negotiations.

Read More