Brexit: citizens' rights and the new immigration system

Citizens’ rights

On 23 June 2016, the UK held a referendum on its European Union (EU) membership. A 51.9% majority voted in favour of the UK leaving the EU (‘Brexit’). On 29 March 2017, the UK government gave formal notification of the UK's intention to withdraw from the EU under Article 50 of the Treaty on European Union (TEU). As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State.

European Economic Area (EEA)/Swiss citizens (termed ‘EEA citizens’ for these purposes) and their family members previously benefited from EU free movement rights, which are primarily implemented in the UK by the Immigration (European Economic Area) Regulations 2016, SI 2016/1052. In line with the Withdrawal Agreement reached between the EU and the UK, and the equivalent agreements reached with Norway, Iceland and Liechtenstein and Switzerland, these Regulations continued to apply in full throughout the transition (‘implementation’) period. The implementation period ended on 11 pm (GMT) on 31 December 2020.

Practice Note: Brexit materials—citizens’ rights [Archived] sets out a summary of the background relating to the citizens’ rights aspects of the UK's withdrawal

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Immigration News

IMA investigates EU citizens' rights challenges in Northern Ireland

The Independent Monitoring Authority (IMA) has conducted a fact-finding mission to Belfast, and found a number of challenges faced by EU, EEA, and EFTA citizens in Northern Ireland (NI). The investigation revealed a disproportionately high rate of EU Settlement Scheme (EUSS) refusals in NI, at 21% compared to 9-14% elsewhere in the UK. Key issues identified include difficulties in providing evidence of residency, lack support for EUSS applications, and limited access to immigration legal advice. The IMA also highlighted concerns regarding impromptu checks around the border between Northern Ireland and Ireland leading to some detentions of persons prior to removal where they ‘struggle to prove their rights yet have no access to advice’, and healthcare access problems stemming from misunderstandings about EUSS status. The visit also found a lack of awareness about the requirements for continuous residence, including that some EU citizens had been unknowingly crossing the border into Ireland for prolonged periods, unaware that this could have implications for their ongoing eligibility under the EUSS.

Report reveals inadequacy of remote legal aid directory in addressing immigration advice shortage in South-West England

The Public Law Project has conducted research into the effectiveness of the Legal Aid Agency's immigration providers south-west support directory, implemented to address the acute shortage of legal aid providers in south-west England. The study, covering a six-month period, reveals a consistent trend of limited provider capacity, particularly for asylum appeals. On average, only 11% of listed providers had capacity including for asylum appeals, while 20% had capacity but not for asylum cases. The research highlights the ongoing challenges in addressing the legal aid crisis in the region, despite recent developments such as the Ministry of Justice's Review of Civil Legal Aid and the government's announcement of a consultation on increasing legal aid fees for immigration and housing sectors.

Home Affairs committee launches inquiry into asylum accommodation system

The Home Affairs Committee has initiated a new inquiry into the UK's asylum accommodation system. This comes in response to the government's pledge to end the use of hotels and reduce spending on asylum support. The inquiry investigates the current delivery of accommodation, including the effectiveness of provider contracts and the Home Office's collaboration with local partners. Key areas of focus include the impact on local services, regional distribution of accommodation, and support for individuals transitioning out of the system. The Home Affairs Committee is seeking written submissions by 3 February 2025, addressing specific terms of reference such as contract management, provider performance, and engagement with local authorities and health services. This inquiry aims to inform the government's future strategy on asylum accommodation and address challenges in the current system.

MoD announces reforms to Afghan resettlement programme

In a statement made by the Rt Hon John Healey MP, Secretary of State for Defence on behalf of the Ministry of Defence (MoD), the government has announced various changes to its Afghan resettlement schemes. Key reforms include streamlining the resettlement process across departments (with the aim of bringing together a single pipeline for Afghan resettlement), capping transitional accommodation stays at nine months from spring, and continuing funding for settled housing for approximately half of the arrivals. The government plans to welcome around 90 eligible families monthly and expects a 25% overturn rate on previously ineligible Triples applications. A co-design process with local authorities is planned to further develop the programme. Notably, the government has signalled its intention to eventually close the UK Afghan resettlement schemes, though no specific timeline was provided. These changes are stated to aim to improve efficiency, integration outcomes, and value for money in the resettlement process.