EU & Brexit Deal

[secret.simon]

I believe the withdraw agreement ( in term of EU rights ) will apply regardless deal or no deal .

If there is no deal, there won't be a withdrawal agreement. The withdrawal agreement is a part of the deal. No deal, no withdrawal agreement. The EU has made it very clear: "Nothing is agreed until everything is agreed".

The UK government amended the UK Immigration Rules to make provision for EEA citizens and their family members and will be trialled in certain limited areas (primarily North-East England) from next Tuesday. I think the crucial difference will be that the EEA citizens and their family members will need to apply for documentation as opposed to acquiring status automatically. But the requirements for the application will be broadly in line with that of the existing EEA Regulations.

[Richard W]

I don’t think there is anything to come ( in case of no deal )in regard EU citizen living in U.K, otherwise they will mention that within the first pages , I believe the withdraw agreement ( in term of EU rights ) will apply regardless deal or no deal .
Richard W, what’s your opinion?

My opinion is that regular EU families (whole family EU, all in the UK, no criminality) will be allowed to stay, and the grant of a PRC or DCPR will convey at least the same rights as a present-day grant of ILR, subject to application for those rights and a review of 'suitability'. The part of the declaration of intent honouring confirmation of permanent residence was a surprise to me, as it didn't follow from the withdrawal agreement. The withdrawal agreement contains a circular definition of who is covered by it, and I think the Home Office will opt for simplicity. I don't know how that will work out. I believe family members who are currently heading for PR will normally continue on that trajectory as before.

I have strong doubts that pre-settlement status will normally be retained on divorce (so expect claims of domestic violence to be fabricated) and that settled status will remain a privileged form of ILR, but I could easily be wrong. As a precedent on ILR, note that the 2-year limit on absence was first imposed on aliens and then on Commonwealth citizens; nowadays ILR only survives absence indefinitely for British nationals.

[Ffmuni]

What I find increasingly concerning is, despite the protestations of Home Office Ministers, the application of any system even if not designed as part of a 'hostile environment' by the Home Office will be carried out incompetently.

As a starting point the processing of an additional 3+ milllion people through a computerised system, as yet unproven, will be a daunting task for the Civil Servants. One which on past record they will fail.

The ability of the Home Office to lose documents, to make snap/poor judgements and be wrong is testified to in countless posts on this site.

There will be numerous EU people, who for whatever reason, drop through the system, a la Windrush. In a few years time I think we could well be looking at another Windrush Scandal for EU citizens but perhaps in an even more hostile environment. Immigration Law tries to codify and pigeon hole people and their circumstances, unfortunately peoples' mirriad of individual circumstances are not easy to codify. The Law needs to be clear but sympathetic. The Govt needs to be committed at an early stage to ensure our rights as EU citizens here in the UK, not just as a sticking plaster in the next few years but long term, hopefully sufficent pressure and political desire is there for this to happen.

[Richard W]

If there is no deal, the government's objective will be to maintain a pool of EU workers to keep Industry happy. I'm not sure if there's a goal of securing Poland as a friend in the EU, which would also help. Neither objective is likely to help third country nationals.

[Daniann]

If there is no deal, the government's objective will be to maintain a pool of EU workers to keep Industry happy. I'm not sure if there's a goal of securing Poland as a friend in the EU, which would also help. Neither objective is likely to help third country nationals.

My wife ( polish ) me family member of EU , is that mean we both going to lose our rights in U.K if there is no deal ? ( we both had PR issued in 2016 )

[Richard W]

If there is no deal, the government's objective will be to maintain a pool of EU workers to keep Industry happy. I'm not sure if there's a goal of securing Poland as a friend in the EU, which would also help. Neither objective is likely to help third country nationals.

My wife ( polish ) me family member of EU , is that mean we both going to lose our rights in U.K if there is no deal ? ( we both had PR issued in 2016 )

No. She should keep at least as many rights as if she were an US citizen with ILR, and for bureaucratic simplicity your PRC will entitle you to free (or cheap) ILR.

[Daniann]

If there is no deal, the government's objective will be to maintain a pool of EU workers to keep Industry happy. I'm not sure if there's a goal of securing Poland as a friend in the EU, which would also help. Neither objective is likely to help third country nationals.

I don’t really understand why you gave example as **US citiszin with ILR** however thank you for inlighting us with your openion which I appreciate it


My wife ( polish ) me family member of EU , is that mean we both going to lose our rights in U.K if there is no deal ? ( we both had PR issued in 2016 )

No. She should keep at least as many rights as if she were an US citizen with ILR, and for bureaucratic simplicity your PRC will entitle you to free (or cheap) ILR.

[bruteforce]

https://www.bbc.co.uk/news/uk-politics-45330727

[Mugen]

Settle scheme caseworker guidance
https://assets.publishing.service.gov.u ... idance.pdf

[rooibos]

Settle scheme caseworker guidance
https://assets.publishing.service.gov.u ... idance.pdf

That will make a good read. Thanks!

[Mugen]

https://www.gov.uk/government/news/eu-s ... test-phase

[Mugen]

Government will scrap £65 fee for EU citizens who want to stay in UK, Theresa May says