Brexit - A bitesize review

From recent discussions with out clients, it has become increasingly apparent that very few of the understand how and why it came about and what it means for them in the future.  To that end, we have prepared a bitesize review of what Brexit can mean for you.

What is Brexit?

A referendum (a vote) in which those who were eligible to vote was held on Thursday 23 June 2016 to decide whether the United Kingdom would leave the European Union or remain in the European Union. 

More than 30 million people voted,  a turn out of 71.8%. When the votes were casted, 51.9% had voted to leave. An analysis of the results indicated that England and Wales both voted to leave and Northern Ireland and Scotland voted to remain.  Ultimately, it was decided that the UK would leave the EU.

On 29 March 2017, the UK Prime Minister Theresa May submitted to the EU the UK’s formal notice to withdraw from the EU via Article 50.  It is of note that in the history of the EU, no State has ever invoked Article 50. By serving this Notice, the UK began a process of negotiating its exit from the EU by 29 March 2019.

What is the European Union?

To understand the significance of the vote, it is important to understand what it is we are leaving. The EU (The European Union) is a partnership of 28 European countries. The partnership is based on economics and politics; an example of this is laws set by the EU, which governs areas such as the environment, transport, and consumer rights. All member countries are subject to these rules and must conform to them. 

Within UK Immigration law, a key piece of law which was established within the EU is the European Convention on Human Rights.  The purpose of the convention is to protect Human Rights and political freedom within Europe. This was implemented by the UK through the Human Rights Act 1998 and is widely used by the Home Office the Immigration Tribunal to help determine whether some migrants and asylum seekers can remain in the UK.

The Single Market

The word ‘single market’ which we would have heard mentioned on the news on several occasions allows free movement of people and goods within the EU.  An easy way to understand this is to imagine there were no borders for those within the EU, and you are free to travel to any country within the EU (providing you are a citizen of the UK, or any EU member State). 

When do we leave?

On the 29th of March 2019, the UK will effectively leave the European Union. The law on this issue requires the UK to leave. However on 10 December 2018 the European Court of Justice ruled that the UK could cancel the Article 50 Brexit process without the permission of the other 27 EU members. 

The decision by the European Court of Justice was dependent on the UK making a decision followed by a democratic process and if they were to remain as part of the EU it would be on existing terms. Effectively nothing would change, if that decision were taken. 

The uncertainty on whether a deal to leave the EU will be reached, an extension on the date on leaving and the terms of leave continue. 

There are calls from leading figures for a second vote to be undertaken where the UK will decide again as to whether they wish to remain in the UK.

EU Citizens living in the UK & UK Citizens in the EU

There are currently 3.2 million EU citizens residing in the UK, and an estimated 1.3 million UK citizens living within the EU.  The question on the lips of more than 4.5 million people is “what will happen to us?” 

The answer is that the UK and the EU have come to an agreement in which all of the 3.2 million EU citizens within the UK will be able to carry on living and working within the UK (subject to an online visa process) as they have done so in the past and their rights in the UK will not change. The agreement included citizens of Iceland, Liechtenstein, Norway and Switzerland. UK citizens within the EU will also have the same rights, with Jean-Claude Juncker from the EU stating that a cheap and simple administration procedure will be put in place for the UK citizens.

Those covered by the rules have a cutoff date of 29 March 2019, after this date the rules proposed by the UK and the EU for those wishing to travel, reside or work will have to abide by the new rules, although a transition phase of two years in which EU citizens and UK citizens can continue to enjoy free movement has also been discussed. Families will not be affected by the new rules. If you are an EU citizen residing within the UK, and you have a baby after the cutoff date of 29 March 2019, your child will be included within the agreement and further immigration procedures would not have to be followed.

The deal will allow any EU citizen legally residing in the UK to leave for up to five years. How ever any absence further than the five years would result in them losing the rights under the proposed Brexit deal.

EU Citizens applying for their new status

The UK Government have outlined plans for an online system. The system is said to take a few minutes to complete, and is said to be fairly simple. Sajid Javid, the Home Secretary stated that those who wished to remain in the UK would simply have to answer some questions.

The questions on the GOV.UK website are as follows;

1. Are you planning to continue living in the UK after 31 December 2020?
2. Are you a British or Irish Citizen?
3. Are you a Citizen of another EU or EEA country, or Switzerland?
4. Do you have a valid ‘permanent residence document’ from the UK government?
5. Do you have a valid ‘indefinite leave to remain’ or ‘indefinite leave to enter’ status from the UK government?

The GOV.UK website then explains that an application to the EU Settlement Scheme done by June 2021 or applying for British Citizenship if you already have settled status would allow you to remain in the UK.

The system put in place would be compulsory for all EU citizens residing in the UK. How ever it is important to note, that the above becomes fully operational once the UK successfully leaves the EU, which is cited for March 2019 however there is still uncertainty.

EU nationals with a right to permanent residence should not have their rights affected after Brexit, and EU citizens would be able to reside in the UK even if there is a no-deal Brexit.

Advice

Given the uncertainty of the where EU Citizens stand, it is vital they seek immediate immigration from a regulated professional.  At Cranbrook Solicitors, we are regulated by the Solicitors Regulation Authority and are able to provide competent, concise and realistic advice to our clients based on their specific circumstances.  We are specialist UK immigration advisors which means that our work is devoted to Immigration law in the UK. We believe we have the required experience, tools and know how to be able to advise clients fully.