Page contentsSelective participation in CEASNorway, Switzerland and the Common European Asylum SystemUK and Denmark and the Common European Asylum SystemProspects for future UK selective participationThe end of DublinWhy does the UK like the Dublin system?Legal evolution of the Dublin systemDoes leaving the EU mean leaving the Dublin system?Impact on external...
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 of immigration proved decisive, in fact, and...
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 not have the resources to do so, but the number...
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 Arrest Warrant will soon be issued seeking their extradition back to Spain to face criminal charges. Meanwhile,...
Eight months and a warning from the Information Commissioner later, the Home Office has finally replied to my Freedom of Information request on waiting times for EU residence documents. The figures only go to the end of 2016 and it seems likely that waiting times have increased yet further since...
The Home Office has broken the law by failing to publish the waiting times faced by EU citizens trying to get residence documents. The Information Commissioner ruled that Amber Rudd’s department is in breach of the Freedom of Information Act, having sat on the request for seven months and counting....
The fourth round of Brexit negotiations are over, with some signs of progress on the future status of EU citizens living in the UK. At the end of August, the EU-UK joint comparison of negotiating positions on citizens’ rights showed some 30 issues highlighted in red, indicating no agreement. This has...
Theresa May exercised her free movement rights with a trip to Florence on Friday to deliver a much-anticipated speech on Brexit. Conciliatory in tone and significant on the question of the ‘divorce bill’, the Prime Minister’s comments also touched on the rights of EU citizens in the UK, and on the...
The recently leaked government immigration proposals indicate that European nationals who commit crime in the UK will be subject to the same automatic deportation rules as non-European nationals after Brexit. The UK Borders Act 2007 imposes a legal duty on the Home Office to bring deportation proceedings against any foreign...
Forget “hard Brexit” and “soft Brexit”. The leaked proposals for a post-Brexit immigration system suggest the pedal is already to the metal for full Thelma & Louise Brexit. The Brexit to-do list is the length of a constantly unravelling ball of string. One of the many items on that list...
For some reason the Home Office has just released a swathe of inspection reports into a wide range of Home Office operations. In practical terms, this makes it impossible for the press to pick out more than one or two stories from the reports and it therefore very effectively reduces...
The Queen’s Speech was today. This sets out the legislative agenda for the new Government and lists expected new Acts of Parliament the Government hopes to pass in the coming year. There are reports that this Queen’s Speech may be intended to cover a two year period, but with the...
Now that the election manifestos have been officially published we have an indication what Labour and Conservative have planned for EU nationals living in Britain. While the Labour manifesto confirmed a pledge to immediately guarantee existing rights for all EU nationals living in Britain the polls continue to point to...
Theresa May refused to guarantee the rights of EU citizens living in the UK but did at least assure them that their situation would be a early negotiating priority. That perhaps was not terribly reassuring given that Theresa May also suggested that everyone should prepare for the UK to crash out...
Most Home Office application forms are accompanied with guidance explaining how to make a valid application, and the EEA(PR) application form is no different. While the EEA(PR) form was last updated in March 2016 the guidance accompanying that form was last updated in December 2015 and so an update has been well...
The Home Office is now advising EU nationals to sign up for Government email alerts rather than applying for residence documents as proof of status. The guidance was issued on 7 April 2017 and is a tacit admission that the Home Office is overwhelmed by applications from EU citizens and...
The question of what rights are enjoyed by an EU citizen who naturalises as a British citizen and becomes a dual citizen has become a critically important one in the context of Brexit. There is huge uncertainty amongst EU citizens and their family members living in the UK about their future...
“EU citizens will not be removed from the UK or refused entry solely because they do not have comprehensive sickness insurance,” said a spokesman. Very welcome news but it is difficult to understand the Home Office’s legal position on all this. They are categorically NOT saying that they will recognise a...
Page contentsSummaryWho is affected?What is the effect?What new powers has the Home Office acquired?Investigation of right of residenceEnforced removalWhere do rights of residence of EU citizens in the UK come from?1. Treaties2. Directives and Regulations made by the EU3. Domestic laws of the United KingdomWhat is the “right of residence”?What...
By Matthew Evans, Director, AIRE Centre Page contentsIntroductionWhat can EEA nationals and their family members residing in the UK do now to protect their position?Proving their rightsDelaysComprehensive Sickness InsuranceWhat other evidence do I need to include?Qualifying for permanent residence (EEA(PR))Qualifying as a worker (EEA(QP))Qualifying as someone who is self-employed (EEA(QP))Qualifying as...
By Bernard Ryan, Professor of Migration Law, University of Leicester Page contentsIntroductionRights of residence in EU lawWhy a right to remain?A negotiated approachThe content of an agreementDecisions at the United Kingdom level Introduction This paper is concerned with the possibility of a post-Brexit right to remain for those residing in the United...
Short version: not a lot we did not know already Long version… Yesterday, the day after MPs began the process of the UK leaving the EU, the Government published a White Paper on Brexit. The formal title is The United Kingdom’s exit from and new partnership with the European Union...
2016 has not been a good year for free movement the concept. Non coincidentally, it has been a busy year on Free Movement the website. The response of migrants and their families to harsh rules that would break them apart is not simply to abandon their hopes and abandon the...
Following hot on the heels of the hardline British Future report on the rights of EU nationals in the UK after Brexit, the House of Lords EU Justice Committee has today published a report on the same subject. It is a far more comprehensive and comprehending piece of work and...
A hardline report chaired by prominent Leave campaigner Gisela Stewart into the status of EU nationals in the UK has recommended a cut off date for new arrivals from the EU, likely to be April 2017, and a massive registration programme for existing EU residents. EU citizens arriving after the cut...
Page contentsAfter a hard BREXIT: British citizens and residence in the EUIntroductionVisitors – an EU ESTA systemStudents and researchersFamily ReunificationFamily reunification with a national of the host EU stateFamily reunification with a national of another EU state living in the host Member StateFamily reunification with a third country national or...
The Government has today lost a major case in the High Court on the issue of whether a Parliamentary vote is required before the Government issues notice under Article 50 of the Treaty on the Functioning of the European Union to the EU that the UK is leaving. If the...
The Home Office has quietly and with no fanfare launched online residence certificate and permanent residence certificate application processes and accompanying European passport return service. I have put together a 20 minute video walk through of what the permanent residence application service looks like with some commentary which I hope...
UPDATE: Beta version of online service now available here. A series of pages have appeared on the Governments official gov.uk website suggesting that the Home Office will be launching a new online application process for EEA nationals on 1 October 2016: The European passport return service is available for EEA and...
Conveniently, David Davis MP, our new Minister for Brexit, made a detailed speech and wrote a detailed article on the subject of free movement and negotiations with the EU. From these we can see quite quickly that he does not like free movement. Of people, anyway. Towards the UK, anyway. He...
On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward I infamously ordered...
Some worrying news from The Guardian: UK citizenship has been given to the children of eastern Europeans living in Britain without the proper paperwork, the Guardian has learned. The affected families come from countries including Poland and the Czech Republic that joined the EU in 2004 and so far around...
The people of what is currently the United Kingdom have voted to leave the European Union. What happens now? Here I am going to take a quick look at the immediate consequences for EU nationals living in the UK. In short, there are no immediate legal consequences that flow directly...
Page contentsThe implications of UK withdrawal for immigration policy and nationality law: Irish aspectsIntroductionThe common travel areaOverviewCurrent arrangementsImplications of withdrawalThe status of Irish citizens in the UK OverviewCurrent arrangementsImplications of withdrawalConclusionsReferences The implications of UK withdrawal for immigration policy and nationality law: Irish aspects By Bernard Ryan, Professor of Law, University...
Page contentsFree Movement and Criminal LawIntroductionDeporting EU citizens: criminal law as a limit to protection against expulsion and exclusionChecking EU citizens’ criminal records: the EU criminal record exchange systemBringing to justice individuals fleeing prosecution or custody: the European Arrest Warrant systemPreventing the entry of individuals deemed to pose security threats:...
Page contentsEU Citizens’ Access to Welfare Benefits: Past, Present and FutureIntroductionThe eligibility rules for EU citizensHow the rules developed over timeChanges since 2014Universal CreditFuture changes to in-work benefitsThe main types of benefitsWhen can EU citizens claim benefits? – a summaryEU citizens excluded from benefitsHousing AssistanceConclusionsFurther Reading EU Citizens’ Access to...
Page contentsEU free movement in practice at home and abroadIntroduction Treaty provisions on free movement for EU citizensWho determines who is a citizen of the Union?What rights does EU citizenship bring to individuals?What about the wider and economic benefits of EU citizenship?Setting up a businessEducation and researchSharing of personal dataMobile phone...
Page contentsRights of Entry and ResidenceIntroductionRights of entry and residenceExclusion and expulsionCitizenshipFuture enlargement Rights of Entry and Residence By Steve Peers, University of Essex, 17 May 2016 Introduction The free movement of EU citizens to the UK (and vice versa) is a key feature of the UK’s EU membership. However,...
