All Articles: Brexit
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
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 lega ...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
The immigration white paper is a charter for the wealthy
There is one, overwhelming, message from the immigration White Paper published on 19 December. It is mentioned in the Foreword by the Prime Minister, and the Foreword from the Secretary of State for the Home Department. The aims of the White Paper are ...21st December 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- ...13th December 2018
Briefing: Appendix EU, the rules on settled status for EU citizens
1.1. The Immigration Law Practitioners’ Association (ILPA) drafted the following report as a joint commentary by experienced immigration practitioners on the EU Settlement Scheme. We hope this expertise assists in the development of the scheme and t ...15th November 2018
Brexit: what was the right to work checks debacle really about?
Having been an immigration solicitor for around 20 years, I’m used to pretty chaotic weeks. The past week has been one of the most frustrating following the immigration minister’s surprisingly unpolished performance in front of the Home Affairs Co ...3rd November 2018
Immigration minister throws settled status of EU citizens into confusion
Mass confusion following the immigration minister’s evidence (full transcript here) to the Home Affairs committee yesterday: this was a terrible appearance by Caroline Nokes @CommonsHomeAffs yesterday. Sajid Javid needs to go back as a matter o ...31st October 2018