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Home Secretary Priti Patel announces further details of Government's post-Brexit and post-'no deal' immigration plans


Home Secretary commissions points based review from MAC and provides details of immediate immigration plans following a no deal scenario

Date of Publication:
09 September 2019

Home Secretary Priti Patel announces further details of Government's post-Brexit and post-'no deal' immigration plans

09 September 2019

Home Secretary Priti Patel announced last week that the Government had commissioned the independent Migration Advisory Committee (MAC) to review the benefits of a points-based immigration system and what best practice can be learnt from other international comparators, including the Australian immigration system.

Priti PatelPatel's letter to the MAC is available here.

The Home Secretary said that after Brexit, the Government would introduce "a single, skills-based system that welcomes to the UK the people who will contribute, but that enables us to control migration."

Patel added: "Delivering on the promise to introduce an Australian-style points-based system is part of our approach to improving public confidence in our immigration system whilst allowing us to welcome talented and skilled individuals from all over the world."

The Home Secretary also last week announced further immigration plans in the event of the UK leaving the EU on 31 October without a deal.

The Home Office's press release is here and an accompanying policy paper on 'No deal immigration arrangements for EU citizens arriving after Brexit' is here.

BBC News noted that under the no-deal Brexit immigration plan, EU nationals arriving in the UK before the end of next year will be able to apply to stay for three years.

The Home Office's policy paper says: "After Brexit, EU citizens who move to the UK will be able to apply for a 36 month temporary immigration status - European Temporary Leave to Remain (Euro TLR). Applications to the new Euro TLR scheme will be simple and free and will be made after arrival in the UK. There will be no need for EU citizens travelling to the UK after Brexit to make any special arrangements in advance."

Freedom of movement, however, will not end on 31 October if the UK leaves the EU without a deal, despite the Government last month saying free movement would end immediately. According to BBC News, it emerged at the weekend that the plan had been dropped because the Government could have faced a legal challenge.

Diane Abbott, Labour's Shadow Home Secretary, accused the Government of underpinning its immigration policy with "complete falsehoods."

Abbott said: "With No Deal potentially just weeks away, there is almost no detail in how this new system would work. This extreme right-wing government is untrustworthy and incompetent."

Writing in The Independent on Friday, Abbott accused the Government of continuing to make unworkable promises on curbing immigration despite being forced to make a U-turn on their policy of ending freedom of movement.

"The Tories were simply unable to deliver on their reactionary promise. They did not care about the terrible impact that abolishing freedom of movement will have on recruiting to our public services, especially the NHS, as well as the effects on our businesses and our universities," Abbott wrote.

Abbott said the Government "will continue to make false, unworkable promises on curbing immigration. The aim is not to deliver on the promises, any more than the promise to cut net migration to under 100,000 annually has ever been met. It is instead to permanently rail against foreigners and migrants."

The Home Secretary's written statement to the House of Commons made last week provides a useful summary of the plans and is reproduced below:

"After Brexit, the Government will take back control by introducing a new, fairer immigration system that prioritises skills and what people can contribute to the UK, rather than where they come from. Yesterday we commissioned the independent Migration Advisory Committee to review the benefits of a points-based system and what best practice can be learnt from other international comparators, including the Australian immigration system.

"In a no deal scenario, free movement as it currently stands will end at 11pm on 31 October. The UK will no longer be under the jurisdiction of the European Court of Justice. EU citizens will be subject to stricter criminality checks and further changes will be introduced to show that UK has left the EU. I am today publishing a policy statement setting out these changes, and further information will be published in due course.

"The Government recognises the need to provide EU citizens, employers and others with certainty about the arrangements that will be in place after Brexit. Border crossing arrangements will not change. However, we do not believe it is right to allow people moving to the UK after Brexit to have the same rights as the EU residents who have lived here, in some cases for decades.

"After careful consideration, myself, the Prime Minister and Cabinet have therefore agreed that EU citizens moving here after a no deal Brexit will be able to access a temporary immigration status, until the new skills-based immigration system goes live at the start of 2021.

"To this effect, the Home Office will open a new European Temporary Leave to Remain scheme for EU citizens and their close family members moving to the UK after Brexit, in a no deal scenario. When the Scheme opens it will be voluntary, and we will not charge a fee. It will be open until the end of 2020 and EU citizens who apply will be able to secure a 36-month temporary immigration status which will extend beyond the launch of the UK's future immigration system. Once the future system opens at the start of 2021, anyone without European Temporary Leave to Remain will have to qualify under the provisions in the future system if they wish to stay in the UK. In contrast, those who have applied for the bespoke interim scheme will have more time to transition into the future system and will not need to qualify until their temporary leave expires.

"The same arrangements will apply to nationals of Iceland, Liechtenstein, Norway and Switzerland.

"The 3.4 million EU citizens already resident here, and their family members, deserve a privileged position. They are our family, friends and neighbours and we want them to stay. We have set up the EU Settlement Scheme to enable them to secure their status under UK law and – in a no deal scenario – they have until at least 31 December 2020 to apply. Already over 1 million people have successfully been granted status.

"Until the future immigration system is introduced, all EU citizens will be able to prove their rights to take up employment and rent property, as now, by using a passport or national identity card. Their rights to claim benefits and access services in the UK will remain unchanged.

"Irish citizens will continue to be able to enter, live and work in the UK without requiring permission. The UK and Irish Governments have made firm commitments to protect Common Travel Area arrangements, including the associated rights of British and Irish citizens in each other's state.

"For EU citizens and their family members moving to the UK after Brexit freedom of movement in its current form will end on 31 October. EU citizens who still want to make a contribution to the UK, will soon have a route by which they can secure the certainty of status they need in advance of the future system going live in 2021."