All Articles: Brexit
New statement of changes to the Immigration Rules: HC 170
Another statement of changes to the Immigration Rules (HC 170) was laid on 24 October 2019. The changes relate to Appendix EU of the Rules and their functioning in a no-deal Brexit scenario. This is somewhat surprising given recent events. Jacob Rees- ...25th October 2019
Do the EU Settlement Scheme statistics add up?
The Home Office released a new set of EU Settlement Scheme statistics in early October. While this update again showed a rise in applications to the scheme, it also suggests re-applications to it are counted towards the total. This raises questions ov ...21st October 2019
What legal rights will EU citizens have after a no-deal Brexit?
As the outcome of the latest Brexit negotiations are still uncertain — and with 31 October less than one month away – the latest research update from the Public Law Project (PLP) shows that EU citizens would still lack statutory protection for the ...8th October 2019
Briefing: the status of EU immigration and asylum law after Brexit
As the Brexit crisis trundles on, and we edge closer to the deadline of 31 October 2019, many are trying to pin down what happens to EU immigration and asylum law after the UK leaves the EU (or, to use the Prime Minister’s words, after we puncture & ...30th September 2019
Do dependent parents actually need to be dependent under the EU Settlement Scheme?
An EU citizen, or their spouse or civil partner, is entitled to have his or her dependent parent continue to live with them or join them in the UK under the EU Settlement Scheme. This has always been the case since the scheme began. But one particular ...16th September 2019
The good, the bad, and the hard truth buried in EU Settlement Scheme stats: analysis
A few weeks ago I analysed EU Settlement Scheme stats released in August. I argued that the Scheme is not working as well as the Government claims it is. While it might be performing well from the point of view of its administrators at the Home O ...13th September 2019
Welcome and unwelcome rule changes made to EU Settlement Scheme: analysis
Yesterday afternoon the government dropped statement of changes to the Immigration Rules HC 2631. This is a formal change to the Immigration Rules and there is a lot to it: the full version weighs in at 102 pages. We’ll deal with other changes in a ...10th September 2019
Free movement rules to continue after no deal Brexit
The Johnson ‘government’ has reaffirmed that free movement rules will continue if the UK leaves the EU without a deal on 31 October. A new voluntary (Ed. – !?!) immigration scheme will be introduced called the European Temporary Leav ...9th September 2019
Frontier workers left in Brexit limbo
When the word ‘chaotic’ no longer seems to adequately describe a situation you know things are getting bad. The government’s announcement and subsequent hasty retraction of its intention to end free movement on 1 November 2019 has served o ...6th September 2019
Guide: How to apply for “settled status” for EU citizens
Settled status is the immigration status that EU citizens need to apply for to remain legally resident in the UK after Brexit. The deadline for applying is 31 December 2020 if the United Kingdom leaves the EU with no deal and 30 June 2021 if there is ...4th September 2019
Government rows back on bonkers plan to end free movement on 31 October
The Government yesterday rowed back on the bonkers idea floated by Home Secretary Priti Patel two weeks ago to end free movement of EU citizens into the UK on 31 October 2019. Apart from the obvious problem of having to invent and implement a new immi ...2nd September 2019
Is it legal to end EU free movement without a new Immigration Act?
The Home Secretary, Priti Patel, said last week that free movement for EU nationals will end on 31 October 2019 unless there is a Brexit deal. Media reports indicate that she intends to repeal EU free movement law from day one of a no-deal Brexit, rep ...29th August 2019
Still no clarity on immigration status checks for European residents
Following Priti Patel’s recent comments about the immediate end of free movement following a no-deal Brexit, the Home Office sent an email reassuring EU citizens that they will continue to be eligible to remain in the UK so long as they apply fo ...28th August 2019
Ending free movement overnight: what exactly is the government playing at?
Confusion abounds after Dominic Cummings sources close to Home Secretary Priti Patel told the Telegraph and Independent over the weekend that free movement of EU citizens would end the day after a no-deal exit on 31 October 2019. While at first glance ...19th August 2019
This is how to stop Brexit causing a new Windrush scandal for EU citizens
Three years after the referendum, the more than three million EU citizens living in the UK still have no clarity on what their legal status will be after Brexit. It is uncertain whether the Brexit deal negotiated by Theresa May’s government (for ...9th August 2019
EU settled status: the story so far
Over 900,000 people have applied for EU settled status so far. By the end of June 2019, the Home Office had processed 806,000 applications, granting full settled status in 65% of cases and pre-settled status in 35% of cases. The department says that n ...23rd July 2019
MPs demand settled status backstop for EU citizens after Brexit
The government should guarantee the rights of EU citizens living in the UK through legislation to back up the flawed EU Settlement Scheme, an influential committee of MPs has said. In a report published today, the Home Affairs committee invokes the Wi ...30th May 2019
200 Europeans a day applying for British citizenship amid Brexit fears
The June 2016 vote to leave the European Union has already had a major impact on Europeans living in the UK. Even though Brexit has not actually happened yet, there are now far fewer EU citizens coming to live in the UK than before the vote, and those ...29th May 2019
What is the position of EU spouses of British citizens following Brexit?
The 2016 referendum sent shockwaves through the European community in the UK, but now that the dust has settled, the picture is far less alarming than appeared at first. Various groups who seemed particularly vulnerable in the wake of the vote, includ ...21st May 2019
How will Brexit affect Irish citizens in the UK?
The UK government’s policy is that Brexit will not affect Irish citizens at all. Other European citizens have to apply for a new “settled status” or risk losing their right to live and work in the UK after it leaves the European Union. But the g ...8th April 2019
The pathway to British citizenship for European nationals in the UK
As Brexit approaches, many European nationals in the UK are turning their attention to applications for British citizenship. Citizens of other countries who have been living in the UK for five years can apply to “naturalise” as British ...2nd April 2019
Brexit delayed: what does it mean for lawyers?
The United Kingdom is not now leaving the European Union at 11pm on 29 March 2019. Brexit fans can rest assured that the game is still afoot: it will just take place on 12 April, or 22 May, or some future date giving time for a Norway-style single mar ...29th March 2019
Receiving unsettling news: how to challenge the refusal of EU settled and pre-settled status
The settled status scheme for EU citizens to stay in the UK after Brexit is about to complete its last test phase and will be fully open on 30 March 2019. We have talked about how the Settlement Scheme operates here: How to apply for “settled status ...22nd March 2019
How new immigration regulations will make it easier to deport EU citizens after Brexit
The draft Immigration, Nationality and Asylum (EU Exit) Regulations 2019, laid before Parliament on 11 February, make major changes to the law on deportation of European Economic Area and Turkish citizens after Brexit. They will kick in on the date of ...13th March 2019
The practical implications of a no-deal Brexit for British citizens travelling to the EU
Just weeks from the date that the EU and UK’s divorce is due to take place, the position of UK travellers to the EU remains foggy. The clock is ticking and Prime Minister May is still caught between the EU and her own government, struggling to reach ...6th March 2019
Briefing: how criminal convictions affect settled status for EU citizens
The EU Settlement Scheme scheme has been set up by the UK government for European residents to apply for “settled status” after Brexit. It is considered necessary because most citizens of European Union countries will lose their existing legal st ...18th February 2019
Sweeping new immigration regulations herald the end of free movement
The government has published two draft sets of changes to UK immigration law to cater for the UK’s exit from the European Union. They include ending the “Dublin III” system under which asylum seekers are sent back to Calais and elsew ...13th February 2019
Government announces plan for EU immigration if no Brexit deal
The UK government has confirmed what was suspected (and what the Home Office has hinted at in private talks): in the event of a no-deal Brexit, free movement will end on 29 March 2019. EU citizens arriving after this date face a new temporary system. ...29th January 2019
The legal status of new arrivals from the EU after a no-deal Brexit
The government’s preparations for Brexit include passing a law to remove the right of free movement for EU citizens. This right is ultimately derived from the EU treaties, but is also expressed in UK legislation, notably section 7&nbs ...29th January 2019
OISC immigration law regulator launches new scheme for EU settled status applications
The OISC, the regulator for immigration advisers who are not solicitors, barristers or CILEx qualified, has launched a new, light touch Brexit scheme. It will enable charities and not-for-profit organisations to qualify to give immigration advice on t ...29th January 2019