Brexit, Free Movement, and Citizenship Update
Explore the latest updates on Brexit, the end of free movement, and new immigration systems. Learn about the EU Settlement Scheme, deadlines, and ongoing negotiations between the UK and the EU. Stay informed on legal issues, policy updates, and the impact of Brexit on employment and immigration rights.
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LawWorks Clinics Network InfoExchange: Brexit, Free movement & Citizenship
Our policy & practice work Access to Justice civil, family, and administrative justice issues: Courts, tribunals and the online challenge (see Courts and Tribunals [Online Procedure] Bill briefing and our Evidence to the select committee), legal support after the LASPO review, Domestic Abuse Bill, Divorce & Separation Bill, research on early advice outcomes, Public Legal Education, Faulks (JR) Review. APPG Secretariat. Regulatory issues, future development of the profession, pro bono practice: Briefings on SRA Handbook and the Solicitors Qualifying Exam, the Mayson review, In-house issues, Regulatory guidance, research on student pro bono, business case for pro bono, Pro Bono Manual, Clinical Legal Education Handbook, OISC resource. Impact of Covid-19 on the sector and legal need: Legal and Advice sector roundtable (monthly), submission to CSR from LIPSS, repossessions stay, best practice and accessibility with virtual services resources and guidance Employment and immigration rights: Beyond the Taylor Review - employment status, tribunals and enforcement, unpaid wages, furloughed employees, work with ELAN, work on migrant labour issues.
BREXIT Where are we?
BREXIT Withdrawal Agreement: Effective from January 31st 2020 with an agreed transition period to expire 1 January 2021 [EU (Withdrawal Agreement) Act 2020] In Feb 2020 the UK Govt published its objectives, and in March the EU published draft proposal for a New Partnership with the UK, translating the Political Declaration agreed with the Withdrawal Agreement into a legal text Ongoing negotiation between UK and the EU to reach an agreement on the future relationship EU and UK institutions must complete ratification process on any Agreement before 31 December Outstanding disagreements on "level playing field", re respective minimum standards between the UK and EU maintain similar on things like workers' rights and environmental protection
What about free movement & citizenship? End of freedom of movement (from 1st Jan 2021) and the implementation of a new immigration system (Immigration Act 2020) which will use a points-based system. The EU Settlement Scheme was introduced in 2019 to allow any non- British EU, EEA or Swiss nationals living in the UK before the end of the transition period to apply for indefinite leave to remain. Anyone with Settled Status can continue to live in the UK with the same rights as someone with indefinite leave to remain. Those who have not lived in the UK for at least five years will be granted pre-Settled Status allowing them to stay until five years has passed, at which point they will be able to reapply for full Settled Status Deadline for applying to the EU Settlement Scheme is 30 June 2021
If no deal.. Those applying must have been living in the UK before 31 December 2020 in order to qualify for the EU settlement scheme. If a person lived in the UK before that date they have until the end of June to apply. If someone moves to the UK after 31 December, they will not be eligible to apply.
Travel The deal in question relates to trade. In terms of travel, there will be changes on January 1 regardless of whether an agreement is reached, because freedom of movement ends under Brexit. UK citizens will still be able to travel to most EU nations visa free, but may need a visa or permit to stay for longer periods for work, study, or business travel. There could be border delays, with UK citizens no longer able to use EU fast-track passport control and customs lanes.
