ACE shares two new documents in advance of next week's crucial parliamentary vote on Theresa May's Brexit Deal.
The first, a member-only briefing produced by ACE, explores what might happen if the deal is, as many expect, voted down in the House of Commons.
The second is a government policy paper outlining how the government will protect existing EU citizens’ rights in the UK in the event of the UK leaving the EU without an exit deal.
The paper states that the basis of any policy will be the EU Settlement Scheme that was outlined in a Statement of Intent on 21 June 2018. Although there is currently a trial scheme operating at the moment, the full scheme will come into effect by 30 March next year.
UK Government wants to reassure EU citizens and their family members living in the UK that they are welcome to stay in the UK in the unlikely event of a ‘no deal’ scenario. The Government is adopting an approach based on the Withdrawal Agreement. As such, EU citizens and their family members resident in the UK by 29 March 2019 will be able to stay and carry on with their lives broadly as now. They will continue to be able to work, study, and access benefits and services in the UK on the same basis after we exit the EU as they do now
The UK will continue to honour the right of those who obtain settled status under the scheme to be able to leave the country for up to five consecutive years without losing their right to return. The government are making the commitment that, once granted, status under the scheme is secure.
However, in a ‘no deal’ scenario there would be some changes:
- As there would be no agreed implementation period, this guarantee would only apply to EU citizens who are resident in the UK by 29 March 2019.
- As there would be no agreed implementation period, those EU citizens and their family members resident here by 29 March 2019 would have until 31 December 2020 to apply for a status under the EU Settlement Scheme, but with no six-month ‘grace period’ beyond this. The new UK immigration system would be implemented from 1 January 2021 as planned.
- EU citizens would have the right to challenge a refusal of UK immigration status under the EU Settlement Scheme by way of administrative review and judicial review, in line with the remedies generally available to non-EEA nationals refused leave to remain in the UK. There would be no preliminary reference procedure to the Court of Justice of the European Union, as it would not have any jurisdiction in the UK.
- The EU deportation threshold would continue to apply to crimes committed before exit. However, we would apply the UK deportation threshold to crimes committed after 29 March 2019.
Once logged in, members can access all our Brexit Briefings in the Policy Library.