1. Skip to navigation
  2. Skip to content
  3. Skip to sidebar

Introducing our Immigration Practice

Immigration continues to be an area of focus for our clients as they adjust to the changing landscape brought on by Brexit, while continuing to manage a growing list of routine immigration compliance responsibilities and issues.

We understand the pressures on employers and the need for practical immigration advice and tips, information on changes and how to manage them, and commentary on future policy development and potential issues. To assist our clients and contacts we will be sharing regular immigration news updates, editorials on topics such as Brexit and immigration policy developments, upcoming deadlines and changes to be aware of, as well as invites to immigration seminars, training sessions and roundtable events.

In this immigration news update we have a news round-up, dates for your diary and employer actions, and the latest on Brexit.

https://www.dentons.com/en/insights/articles/2018/february/22/introducing-our-immigration-practice

 

Introducing our Immigration Practice

Brexodus continues…

Net migration from the EU has plummeted from 165,000 in 2016 to 90,000 in 2017

As expected, in the latest statistics released by the Office of National Statistics today, net migration from the EU has plummeted, with fewer EU nationals moving to the UK and more leaving:

2016 2017
EU nationals who immigrated to the UK 268,000 220,000
EU nationals who emigrated from the UK 103,000 130,000
Net migration +165,000 +90,000

This is of significant concern to industries and sectors that rely heavily on EU talent, with health and medical services, and farming and agriculture already dealing with considerable labour shortages.

The UK will officially leave the EU on 29 March 2019, and even though this is still over 12 months away, employers are already feeling the impact.

The other interesting statistic released today is the huge increase in EU nationals applying for British citizenship. In 2016 15,460 EU nationals applied for British citizenship – following the Brexit referendum this number more than doubled to 38,528 in 2017.

What we can take from both of these statistics is that the lack of certainty in citizens’ rights and future immigration policy following Brexit is forcing individuals to consider and protect their position in the UK. At one end of the spectrum we can see that EU nationals are securing their rights in the UK by naturalising as a British citizen, and at the other end EU nationals are reassessing whether the UK is the place to establish a life and career in the first place. Without certainty on citizens’ rights and future immigration policy we can expect these statistics to continue on the same trajectory.

Brexodus continues…

The MAC response to the call for evidence on the impact of Brexit

The Migration Advisory Committee (MAC) was asked by the UK government to advise on the economic and social impact of the UK’s exit from the European Union (EU) and also on how the UK’s immigration system should be aligned with a modern industrial strategy.
Read more »
The MAC response to the call for evidence on the impact of Brexit

Brexit update

As you will no doubt have seen in the news, progress has been made in phase one of the Brexit negotiations. We have prepared a summary of the position on citizens' rights; whilst it has been stressed that "nothing is agreed until everything is agreed", the lie of the land is starting to look a little clearer for those EEA nationals who are already in the UK.
Read more »
Brexit update

Scotland – a separate system for global mobility?

The Times newspaper has revealed plans by Scottish ministers to pave the way for a bespoke immigration system. Scottish ministers are concerned that Brexit will lead to a fall in immigrant workers, who are vital to the Scottish economy. Alasdair Allan, the Scottish government's Europe minister, raised this as an issue to the Europe Committee earlier in 2017. He said: "The Scottish government will continue to call for a less restrictive and more humane system from the UK which recognises individual and demographic circumstances."
Read more »
Scotland – a separate system for global mobility?

Government update on settled status

The Government has published further details on how the new settled status scheme for EU citizens and their family members will work as the UK leaves the EU. In the technical document sent to the European Commission, the Government has pledged that this new system will be streamlined, low-cost and user-friendly and will be designed with input from EU citizens.

Following the UK’s exit from the EU, EU citizens will have up to two years to apply to stay in the UK and obtain settled status. Applications will be decided solely on the criteria set out in the Withdrawal Agreement and there will be no discretion for refusal based on other reasons. As yet, these criteria are not conclusive. However , the Government has confirmed that they will be simple and transparent and will minimise the need for documentary evidence. Unsuccessful applicants will have a statutory right of appeal in line with current rights provided by the Free Movement Directive.

There are also plans to set up a voluntary application process to provide those currently resident with the option to get new settled status at their earliest convenience. This is in recognition of the administrative challenge of granting status to potentially over 3 million EU citizens and their families.

 Negotiations between the UK and EU are ongoing with the next talks set to take place on 9 and 10 November.

 

Government update on settled status

Safeguarding the status of EU citizens: UK and EU negotiation update

The EU and UK have concluded their fifth round of negotiations. Progress has been made on coming to an agreement in relation to the rights of EU citizens living in the UK. Some points are still to be negotiated.
Read more »
Safeguarding the status of EU citizens: UK and EU negotiation update

Mind the gap

Employment law issues seem to be rife with gaps at the moment – we have already reported on the gender pay gap brought to the fore by the gender pay gap reporting regulations which came into force on 6 April 2017. However, it looks like we are now dealing with another gap – the skills gap commentators believe will be brought about when the UK exits the EU.
Read more »
Mind the gap

The Repeal Bill – Workers’ Rights

On 7 September 2017 the government published a factsheet on the impact of the Repeal Bill, which was recently passed by a majority of MPs, and the future status of workers' rights following the UK's withdrawal from the EU.
Read more »
The Repeal Bill – Workers’ Rights

Leaked Home Office post-Brexit Immigration Policy

As many of you will have seen, the Home Office's draft Post-Brexit Immigration Policy was leaked this week, and has since become a topic of much interest. The document has caused concern among many employers, as the stricter controls being proposed on EU immigration could lead to a significant shortage of labour in the UK, which could be hugely damaging to the economy. EU nationals currently comprise around 7% of the overall workforce in UK, with certain sectors almost entirely dependant on their contribution.
Read more »
Leaked Home Office post-Brexit Immigration Policy