All Articles: Brexit
What the Brexit White Paper says about immigration
Two years after the referendum vote to leave the European Union, the government has published a White Paper describing what it wants from the future relationship between the UK and EU. The 100-page document includes some references to the future of im ...12th July 2018
Javid: free movement could be replaced with “labour mobility” for executives
The right of free movement for EU migrants could be replaced with something more like the arrangements making travel easier for Canadian business people, the Home Secretary has said. Sajid Javid told the Home Affairs committee of MPs today that free m ...10th July 2018
How to apply for “settled status” for EU citizens
On 8 December 2017 the British government reached an agreement with the EU which gives some more clarity about the legal status of EU citizens following Brexit. A draft treaty followed on 19 March, which confirms that the agreement covers EU citizens ...22nd June 2018
Briefing: What are the barriers to British citizenship for EU nationals?
The recent case of Inga Lockton is the most high-profile recent example of growing problems that EU citizens and their families face with applying for British citizenship. Ms Lockton lived in the UK for 39 years, was married to a British citizen and h ...14th June 2018
When law and politics collide: Brexit in the Court of Session
The Court of Session has refused to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the UK’s notice that it is leaving the EU under Article 50 can be cancelled. Given that the subject matter inv ...11th June 2018
Yet more details on the status of EU nationals after Brexit
On 14 February 2018 the Home Affairs committee of MPs published a rather critical report on the Home Office delivery of Brexit, which Nick promptly summarised in a post at the time. The government’s response to the report was published on 25 May. ...5th June 2018
How EU citizens could automatically get residence rights after Brexit
The default position when EU law no longer applies in the UK is to render EU citizens unlawfully resident. The proposed “settled status” scheme has been designed to prevent this, but perhaps its defining characteristic when compared with t ...27th April 2018
Do you need to worry about Brexit if you have indefinite leave to remain?
An EU citizen with indefinite leave to remain in this country has taken the drastic step to leave the UK because of Brexit. You might have seen the story on Twitter, where it went viral. 24/ So my mum has taken the decision to return to the country of ...11th April 2018
Brexit, one year on
The momentous decision to begin Brexit in March 2017 was announced the previous October, when Theresa May made her first speech as Prime Minister to the Conservative Party conference. For all the impressions of chaos in between — including the s ...29th March 2018
Briefing: Brexit, settled status and citizens’ rights – what has been agreed?
On 19 March the European Union and the UK published the impressively named Draft Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. In other words, ...26th March 2018
Court of Session case on blocking Brexit goes to full hearing
Campaigners seeking to confirm whether the UK’s Article 50 notification triggering Brexit can be unilaterally revoked are one step closer to getting a decision from the Court of Justice of the European Union. Yesterday the Inner House of the Co ...21st March 2018
What does the EU’s draft Brexit agreement say about citizens’ rights?
The European Commission has published a draft legal text for a Brexit “Withdrawal Agreement”. It includes the all-important issue of citizens’ rights for EU nationals already living in the UK or arriving here before Brexit is finalis ...28th February 2018
Just how level do we want the Brexit playing field to be?
Seasoned Brexit watchers will be familiar by now with the trope that there is a “need for a level playing field”. Coined by the EU out of concern that the UK may turn itself into a tax haven, the phrase has now been appropriated by Brexiteers in t ...21st February 2018
The rights of EU nationals in the UK post-Brexit – five pessimistic predictions
The UK government’s policy paper on EU citizens’ rights in the UK after Brexit, released in June 2017, offered reassurances about “safeguarding” rights, while leaving substantial question marks hanging — in particular about what ...19th February 2018
MPs’ report scathing on Home Office capacity to cope with Brexit
The Home Affairs Committee of MPs today published its report on whether or not the Home Office has the capacity to deliver effective immigration services once the UK leaves the European Union next March. No, is the short answer. Not a lot of love from ...14th February 2018
British migrants trying to keep EU citizenship get Court of Justice hearing
Around 1.3 million British citizens are currently settled in other EU member states, but do not have citizenship of those countries. Just like EU citizens living in the UK, they can do this by relying on free movement rights granted by the EU. Speakin ...8th February 2018
Comprehensive Sickness Insurance: what is it, and who needs it?
If you are an EEA/EU citizen or their family member and wish to qualify for an EU law right of residence, then eventually a right of permanent residence, you have to meet certain requirements. For some people – chiefly those not working or self- ...29th January 2018
The impact of Brexit on UK asylum law: part three
The refugee definition Engagement of the CJEU with asylum issues Since the jurisdiction of the Court of Justice of the European Union was expanded to include asylum matters, we have a fairly steady rise in the number of judgments on these issues. Most ...29th December 2017
The impact of Brexit on UK asylum law: part two
Selective participation in CEAS Participation in the Common European Asylum System is not necessarily “all or nothing”, nor does it absolutely require membership of the EU. Even within the EU, involvement in CEAS is also selective in some cases. H ...28th December 2017
The impact of Brexit on UK asylum law: part one
The issue of asylum and the refugee crisis in Europe played a very significant part in the debate on Britain’s continuing membership of the European Union in the run up to the Brexit referendum in June 2016. Many commentators consider that the issue ...27th December 2017
How many EU citizens will be criminalised by Brexit?
Some EU citizens now living in the UK will find themselves committing criminal offences after Brexit. That much is certain. How many people exactly will become unlawfully resident is probably impossible to calculate, and here at Free Movement we do no ...13th December 2017
Government publishes details on settled status for EU citizens
The government has put a little flesh on its promise that EU citizens living in the UK will be able to apply for settled status in a way that is “new”, “streamlined” and “low cost”. A “technical note” ...7th November 2017
Could Catalan separatists qualify for refugee status in the UK?
Carles Puigdemont, erstwhile President de la Generalitat de Catalunya, fled Spain to Belgium this week following his parliament’s unilateral declaration of independence for Catalonia. Several of his ministers followed him into exile. A European ...3rd November 2017
Theresa May’s open letter: what she said and what she meant
As I travel to Brussels today, I know that many people will be looking to us – the leaders of the 28 nations in the European Union – to demonstrate we are putting people first. I have a firm grasp of the technical detail. I have been clear th ...19th October 2017