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Brexit News: More details emerge on the Post-Brexit Immigration system for European nationals

06 September 2019 #Immigration


We previously covered the possibility of the European Temporary Leave to Remain (ELTR) being scrapped. We understood at the time that the Government intended on bringing a new system for Post-Brexit Immigration of EU nationals. On 4 September 2019, the Government has announced this new system, which shares a lot of similarities with the previously announced ELTR.

The new system will also be called the European Temporary Leave to Remain but with a slightly different acronym ‘EURO LTR’.  Key highlights of this new system are:

  • The end of free movement
  • The introduction of a 3-year temporary leave to remain
  • Tougher checks for EU nationals entering the UK

The scheme would allow EU nationals to enter the UK for short-trips, but if they intend on staying longer, they would have to apply under this scheme for a 3-year permit. Thereafter, once the new point-based system is announced, they would be able to transfer onto the new regime.

This new scheme is expected to open after the UK leaves the EU and is expected to last until December 2020. Those entering after December 2020 are likely to be subject to the new point-based system.

The application under this scheme is expected to be free and would be similar to the EU Settlement Scheme (EUSS) procedure. However, the conditions of the EURO LTR scheme are expected to be significantly watered down from EUSS.

Those who enter the UK before Brexit date would continue to be eligible to apply for the EUSS scheme.

Key changes from ELTR

The key changes from the January 2019 ELTR are:

  • No mention of the 3-month restriction. This could mean that EU nationals may be able to visit for up to 6 months but would have to apply under this scheme if the intend on staying for longer, or for a different purpose.
  • The announcement mentions that those on EURO LTR would able to accrue their time towards settlement in the UK. This was absent from ELTR, which stated that the period would not accrue towards settlement.

Right to Work and Right Rent checks

Employers and landlords will continue to follow existing guidance on right to work checks and right to rent checks, until 31 December 2020. 

Changes at the border

The announcement also mentions an overhaul of the customs channels at ports, removing the blue channels

The Government is also keen on phasing out EU national identity cards and expect this to happen during 2020.

The Future Immigration System

The Government has now formally asked MAC to provide a report on an Australian Points-Based System by January 2020. We expect more details of once we receive the MAC report is published.

Parliamentary news

The Government has, late last night agreed to drop their opposition to the ‘Anti No-Deal bill’. This means that the bill is likely to become law before Parliament is suspended.

However, the chances of an Election have increased, with both the Government and the Opposition pushing for a date. There still needs to be an agreement towards when elections would happen. We expect them to be between mid-October to mid-November 2019.

It is however important to note that a no-deal bill can always be repealed by a future government, if they command a majority in Parliament.

Conclusion

We are closely monitoring the situation in Parliament and the announcements being made by the Government. We will keep our clients updated of any significant changes.

Clarkslegal, specialist Immigration lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Immigration matter please contact Clarkslegal's immigration team by email at immigration@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

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Hamza Malik

Hamza Malik
Associate

E: hmalik@clarkslegal.com
T: 0207 539 8020
M: 07990 595 483

Contact

Immigration team
+44 (0)20 7539 8000