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EU citizens, present and future: what to do to prepare for Brexit

Here is a link to the government’s latest policy document on immigration arrangements after a no-deal Brexit on 31 October. I comment here on some aspects of these arrangements. The first point to make is that if you are an EU citizen who lives here now but you haven’t yet applied for Settled Status you need to do so now. The best way to do this is through a solicitor. You can do it without one, but I don’t advise it. The Home Office has always operated with a mixture of hostility and incompetence. Under Johnson and the new Home Secretary, Priti Patel, the incompetence levels remain the same but the hostility levels are higher. Don’t take any risks. This warning also applies to people coming here after Brexit. The following are my comments and quotes from the document:

  1. Anyone moving to the UK from the EU after Brexit “will be able to move to the UK and live, study, work and access benefits and services as they do now” – until 31 December 2020. If they want to stay longer they will have to apply for a new kind of status, called Temporary Leave to Remain (TLR). If they get TLR it will give them only 36 months.
  2. After January 2021, there will be “a new, Australian-style points-based immigration system”, which the government describes here as a “fairer immigration system that prioritises skills and what people can contribute to the UK, rather than where they came from.” That sounds fair at first, partly because it seems to include all migrants, but it actually limits your chances of staying because the skills you have, and get “points” for, are only the skills that will get you a salary of at least £30,000 a year (according to a government policy announced earlier). If you have skills that earn less than that, you won’t be able to stay.
  3. EU citizens with TLR “will only be required to apply to the new points-based immigration system when their 36 months’ Euro TLR leave expires”, although they can do it earlier. But if they do not “meet the … criteria under the new [points-based] immigration system or otherwise have a right to remain in the UK, they will be expected to leave the UK when their Euro TLR expires. Euro TLR will therefore only provide a temporary stay in the UK for some EU citizens.”

Make no mistake: “they will be expected to leave the UK” is not friendly advice: “EU citizens and their family members who move to the UK after 31 October 2019 will need to have applied for a UK immigration status (whether Euro TLR or under the new, points-based immigration system) by 31 December 2020. Otherwise, they will be here unlawfully and will be liable to enforcement action, detention and removal as an immigration offender.”

  • “enforcement action” = they will take you from your home;
  • “detention” = they will put you in prison;
  • “removal” = they will force you onto a plane and fly you out

 

Here is the government document:

https://www.gov.uk/government/publications/no-deal-immigration-arrangements-for-eu-citizens-moving-to-the-uk-after-brexit/no-deal-immigration-arrangements-for-eu-citizens-arriving-after-brexit

 

 

 

 

Don’t take any risks

This almost certainly means another Windrush scandal, this time for EU citizens who don’t have the right bits of paper (maybe they’ve lost them, maybe they were never sent them, maybe the Home Office (true to its its traditional mix of inefficiency and hostility) has also “lost” them). Anyone who has not applied for settled status should do 3 things:

(1) assume the Home Office is hostile to you (no, don’t say, “Why, I’ve done nothing wrong?” – they don’t care about that. Just assume they’re hostile;

(2) Get a solicitor (no, don’t say “I can do it myself.” You can’t under this new policy. Don’t say, “I can’t afford it” – You can’t afford not to.

(3) Do it now. Especially if you’re not sure about your documents or your ID. But even if you are, do it now. It would be foolish to trust the government’s word, for example, that you have till December 2020. That can change. It probably will. So will lots of other things. Do it now.

Similar advice to non-EU migrants waiting for decisions on your status or on the status of a family member. Read any Home Office or Foreign Office letter you get carefully. If you don’t understand the letter or if there’s any part of it you’re not sure of, get someone else to read it with you (do that even if you think you are sure of what it says), go to your MP, or Citizen’s Advice, or get a solicitor.

This announcement today means we are now entering an even more hostile environment than before. Don’t take any risks.

https://www.theguardian.com/politics/2019/aug/19/reckless-plan-to-cut-off-free-movement-alarms-eu-nationals?CMP=Share_iOSApp_Other&fbclid=IwAR2CiKpLGGQZVK-82Anw08NVRUECuVuOh78fBDvyvkN6CK-loiedB4gN5Cs