Attempting to Reconcile Brexit: Immigration Law and Other Implications
Written by Courtney Crilly
Brexit is touching lives across the United Kingdom and the world. Brexit is the separation of the United Kingdom of Great Britain and Northern Ireland and the European Union. After much delay, Brexit took place on January 31st, 2020.
There are a full list of ramifications that have resulted due to Brexit. However, this article is focusing on the significant impact on immigration law.
The issues that Brexit may raise concerning this area of the law are concurrently known and unknown. Much is unknown as we await further talks with the EU, yet we know much about where Brexit is taking us in terms of free movement. We can predict Brexit’s effects simply because of its roots – the immigration issue.
Journalists, political specialists and freelance writers alike, from other countries, have been peering in at the UK and watching wide-eyed; it appears the majority of external media highlight immigration as Brexit’s fuel.[1]They cite an increase in migrants as the foundational reason for voting. Thus migrant rights, pre and post-Brexit must be considered. With two crucial pieces of legislation enacted in 2020, and the future ‘nearly’ mapped out, this article will attempt to light a small torch to guide us through the coming political and legal change.[2]This post will look to individual visa advice and where to find it. Additionally, a brief analysis of the UK’s new points-based immigration system will be discussed. To display the impact of this system.
Immigration Law Under Review
Confusion amongst the non-immigration lawyers has emerged due to the Withdrawal Agreement Act 2020, and the European Union (Withdrawal Agreement) Act 2020.[3]Which is partly due to conflicting information, but largely due to the UK Government’s ongoing discussions with representative members of the EU.
The latest information has been collated based on the Statement of Changes in Immigration Rules, from the 10thSeptember 2020,[4]and the aforementioned Acts of Parliament.[5]However, this is subject to minor and major changes, depending on the political climate that dictates our law-making ability in the UK.
Currently, Tier 1, Tier 5, Innovator/Start Up and Family/UK Ancestry Route Visas will not change.[6]The Tier 4 Visas impacting students are not set to change, but this is a talking point for the future and may be subject to a turning point.[7]As is self-explanatory, the EU rules surrounding free movement will be disbanded and EU regulations will no longer be in force. Those requiring free movement rules are urged to see the Settlement Scheme, and those eligible must apply before June 2021.
Tier 2 Visas are also not set to change; however, Edmans & Co. have diligently pointed out the new “skilled worker” idea that the UK Government has proposed.[8]The issue with the common Tier 2 Visas is that they could be replaced altogether with a new “skilled worker” or points-based system, or they could continue to exist as they are alongside new regulations.[9]
The aforementioned visas will be open to EU and non-EU nationals, as if they are exactly the same status, post-Brexit. EU citizens will classify as the current “Non-EU” status after December 31st, 2020. This has a knock-on effect to the charges associated with visa applications; an Indefinite Leave to Remain application currently costs £2,389.00 per person, with optional additional fees and EU nationals will likely be required to pay an amount close to this for a visa post-Brexit.[10]
Those worried about their current or future immigrational status in the UK should visit:
http://www.edmansco.com/uk-visas-after-brexit/
for a layman’s terms explanation of these visa categories in detail.[11]
Those thinking they may need to complete paperwork in the wave of Brexit, are encouraged to visit:
www.gov.uk/government/organisations/uk-visas-and-immigration.[12]
The UK Government website should be offering the latest up-to-date information on a day to day basis, and even the language can be tricky. Those who are anxious can use the facilities to check their status.
It is next to impossible to account for all of the changes to immigration law on account of Brexit. Although, Kevin Browne, in his recent “Immigration Law 2020”, has made a valuable attempt.[13]Anyone interested in extra-curricular reading should consider buying his book. It gives a comprehensive guide to the visa changes mentioned and is published as a CLP Legal Practice Guide.
Other International Immigration Laws: A Comparison
If after reading to this point, there is confusion or apprehension. it is justified, and you are not alone. These policies are underpinned by the new, and rather complex, points-based system announced by the UK Government.
As we are in a situation of continuous change. It is hard to make a comprehensive comparison of the UK’s proposed immigration law system with other countries. However, Government ministers will be considering other immigrational policies from other countries when completing their legislative work.
Countries the UK may be looking at are; Australia, Canada and Japan. The Australian points-based system has achieved widespread UK media coverage, as the “skilled worker” changes to Tier 2 visas appear to be following an Australian line of thinking.[14]Immigration in Canada and Japan (and other countries) operate using a point-based system. Although, both have different efforts to achieve their economic requirements. Canada pushed a Start-Up Visa Program to combat a shortage of skilled labour. Japan’s immigrational polices were to combat falling birth rates and high death rates leading to population shrinkage.[15]
A point-based system in the United Kingdom does not have as many positives attached to it as these other states. Britain is only undergoing immigrational changes to restrict immigration. Thus, it can be argued that this immigration system will be exceptionally different and based in a restrictive format. The BBC constructed an informational breakdown of what the points-based system will look like in simple terms: https://www.bbc.co.uk/news/uk-48785695
If you need further information, please search your query using the various hyperlinks attached. If in doubt, look if there is a student-led law clinic in your area to handle your query for free, or contact a solicitor.
Bibliography
Legislation
Withdrawal Agreement Act 2020, The European Union (Withdrawal Agreement) Act 2020
Internet sources
Brett Line, Linda Poon, How Other Countries Handle Immigration [2013] (National Geographic) < https://www.nationalgeographic.com/news/2013/6/130630-immigration-reform-world-refugees-asylum-canada-japan-australia-sweden-denmark-united-kingdom-undocumented-immigrants/> (Date Accessed 12/19/2020)
Edmons & Co, UK Immigration Routes After Brexit[2020] < https://edmansco.com/uk-visas-after-brexit/> (Date Accessed: 17/09/2020)
House of Commons, Statement of Changes in Immigration Rules[2020], < https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/916564/CCS001_CCS0920158512-001_Stat_of_change_Immigration_Rules_HC_707_Web_Accessible.pdf> (Date Accessed: 17/09/2020)
Peter Walker, Post-Brexit migration: how does Australia’s points system work?[2019] (The Guardian) < https://www.theguardian.com/uk-news/2019/jun/27/post-brexit-migration-australia-points-system-explainer> (Date Accessed: 12/9/2020)
Robert Hutton, The Roots of Brexit[2020] (Bloomberg, London) < https://www. bloomberg.com/quicktake/will-uk-leave-eu> (Date Accessed: 17/09/2020)
UK Government, UK Visas and Immigration[2020], < https://www.gov.uk/government/organisations/uk-visas-and-immigration> (Date Accessed: 17/9/2020)
Books
Kevin Browne, Immigration Law 2020[2020] (College of Law Publishing)
[1]Robert Hutton, The Roots of Brexit[2020] (Bloomberg, London) < https://www. bloomberg.com/quicktake/will-uk-leave-eu> (Date Accessed: 17/09/2020) [2]Withdrawal Agreement Act 2020, The European Union (Withdrawal Agreement) Act 2020 [3]Ibid (2) [4]House of Commons, Statement of Changes in Immigration Rules[2020], <https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/916564/CCS001_CCS0920158512-001_Stat_of_change_Immigration_Rules_HC_707_Web_Accessible.pdf> (Date Accessed: 17/09/2020) [5]Withdrawal, (n2) [6]Edmons & Co, UK Immigration Routes After Brexit[2020] < https://edmansco.com/uk-visas-after-brexit/> (Date Accessed: 17/09/2020 [7]Ibid [8]Edmans, (n6) [9]Ibid [10]Edmans (n6) [11]Ibid [12]UK Government, UK Visas and Immigration[2020], < https://www.gov.uk/government/organisations/uk-visas-and-immigration> (Date Accessed: 17/9/2020) [13]Kevin Browne, Immigration Law 2020[2020] (College of Law Publishing) [14]Peter Walker, Post-Brexit migration: how does Australia’s points system work?[2019] (The Guardian) < https://www.theguardian.com/uk-news/2019/jun/27/post-brexit-migration-australia-points-system-explainer> (Date Accessed: 12/9/2020) [15]Brett Line, Linda Poon, How Other Countries Handle Immigration [2013] (National Geographic) < https://www.nationalgeographic.com/news/2013/6/130630-immigration-reform-world-refugees-asylum-canada-japan-australia-sweden-denmark-united-kingdom-undocumented-immigrants/> (Date Accessed 12/19/2020)