Happy Halloween proposed new Immigration Rules for a possible Brexit!

The Government has just published a Statement of Changes to the Immigration rules under HC 170.

The purpose of the changes is to enable regulation of entry to and from the United Kingdom on 31 October 2019 of some EU nationals, in the event the country leaves the European Union without a deal, the proposed changes are as follows:

• Impose domestic ‘conduct and criminality thresholds’ to European Economic Area citizens and their family members for security reasons and secondly to protect the public – tough language! The thresholds will apply to EU citizens who are sentenced to a period in prison and will apply to those living both pre and post Brexit.

• Allow access to the ‘EU Settlement Scheme’ for some family members joining an EEA national resident here, prior to Brexit and allow them to use this period of residence when making applications under the scheme. 

• Introduce a new ‘European Temporary Leave to Remain Scheme’ for EEA nationals and family members moving to the UK after a ‘no deal’ Brexit and prior to the establishment of the proposed immigration points-based system, due to launch in January 2021, so that they can obtain ‘UK immigration status’ to live and work in the UK for a temporary period.

• The main change will take effect on 31 October 2019 and not 21 days later as the norm with statutory instruments – the Government’s justification for doing so, is that it had to wait for the European Council Meeting on 17-18 October - one will perhaps recall that Boris’s deal only emerged at the wire then.

The timing is curious. Super Saturday and the following vote on Tuesday in Parliament led to Boris Johnson’s Withdrawal Bill going into ‘limbo’ as we wait to hear what will happen next.

The Government continues to prepare for a no deal scenario!

Indeed, it appears ‘no deal’ Brexit certainly remains very much on the table – HC 170 is the evidence. One can speculate whether this is to show the EU that a no deal scenario is very much in play, perhaps it is reality and Boris will not have to lay down in a ditch after all or, his administration showing its commitment to it to voters in advance of a possible general election only time will tell.

For those who recall the language of some Conservatives over the past three years, there seems to be some truth in that they were looking to draw the bridge up on day one of Brexit and impose hard line controls. If this become reality one can expect ‘issues’ at the border points – we are not talking of the costume type! It would be a new reality.