UK:
UK Government Asks Migration Advisory Committee To Review Australian Immigration System And Confirms No-Deal Immigration Plans
09 September 2019
Fragomen
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At a Glance
- The Home Secretary has asked the Migration Advisory
Committee (MAC) to conduct a review of Australia's and similar
immigration systems to determine best practices for a post-Brexit
UK immigration system that would strengthen the labor market. The
review, which is due back by January 2020, is part of a larger
ongoing salary threshold evaluation which the MAC is already
reviewing.
- The government has also confirmed that if the United
Kingdom departs from the European Union without a deal on October
31, 2019, it will honor the previous government's plans to
introduce a European Temporary Leave to Remain Scheme for European
Economic Area (EEA) and Swiss nationals and their close family
members.
- In addition, the government has announced that new
border controls will be introduced in the event of a no-deal Brexit
which will make it more difficult for serious criminals to enter
the United Kingdom.
The situation
The Home Secretary has asked the Migration Advisory Committee (MAC)
to conduct a review of Australia's and other similar
immigration systems to determine best practices for a post-Brexit
UK immigration system as part of its ongoing review into salary thresholds. The MAC is an
independent, non-departmental public body sponsored by the Home
Office that advises the government on migration issues.
In a busy week of political developments, the government also announced that in the event of a no-deal
Brexit, it will honor the plan formed under Theresa May's government
to introduce a European Temporary Leave to Remain scheme (Euro TLR)
and will introduce tighter security checks designed to make it more
difficult for serious criminals to enter the United Kingdom.
A closer look
Details of the post-Brexit planning include the following:
CHANGE |
DETAILS |
IMPACT |
MAC review of Australian immigration
system |
- Review of global immigration systems. The MAC
will evaluate best practices from Australia's and other
points-based immigration systems to strengthen the UK labor market
by attracting the most qualified individuals, while still
controlling migration and ending free movement.
- Points-based system. The focus of the review
will be to understand how flexibility can be added to a new
immigration system where points will be awarded to foreign
nationals based on attributes such as educational qualifications
and language proficiency. These attributes would be considered in
addition to the future salary threshold which the MAC is already
reviewing to aid the government when determining who is to be
eligible under a new immigration system.
|
- New immigration system. The MAC will provide a
report with their recommendations on a new immigration system to
the Home Secretary in January 2020; a new immigration system is
expected to be introduced in January 2021.
- Skilled labor market. The report's
recommendations for a new immigration system will help create a
labor market that can meet the needs of the post-Brexit UK
economy.
- Practical implementation. However, the
practical impact will depend on whether the government accepts the
MAC's recommendations in the future immigration system.
Fragomen will continue to report on developments.
|
Government confirms immigration plans for a no-deal
Brexit |
- European Temporary Leave to Remain. The
government confirmed that in the event of a no-deal Brexit, it will
honor the previous Home Secretary's plan to introduce a
European Temporary Leave to Remain scheme for European Economic
Area (EEA) and Swiss nationals who enter the United Kingdom after
exit day. This will allow EEA and Swiss nationals to enter the United
Kingdom after Brexit. Once in the United Kingdom, they will
need to apply for European Temporary Leave to Remain if they wish
to remain beyond December 31, 2020.
- Time period. European Temporary Leave to
Remain will be granted for three years, after which time applicants
will either need to leave the United Kingdom or apply for status
under a new UK immigration system.
- Digital status. Applicants will receive a
digital status, similar to that received under the EU Settlement
Scheme; the application is expected to be straightforward and
available online after the United Kingdom leaves the European
Union.
- Stricter border controls. In addition, the
government will introduce tougher border controls to make it harder
for serious criminals to enter the United Kingdom in the event of a
no-deal exit from the European Union.
|
- Greater certainty. The announcement brings
clarity for businesses and EEA/Swiss nationals, particularly after
there were previous reports that free movement would end
immediately overnight in the event of a no-deal exit from the
European Union.
- Reduced risk of border chaos. The announcement
also grants a lengthier adjustment period for foreign nationals who
were previously eligible for the EU Settlement Scheme as they have
until at least December 31, 2020 to submit their applications for a
new status. This will reduce the risk of border chaos in the event
of a no-deal Brexit. However, Fragomen recommends that eligible
nationals submit their applications as early as possible.
- Process uncertain. Applications to a new Euro
TLR scheme will be free of charge and will be made after arrival in
the United Kingdom. Fragomen awaits full details of the application
process.
- Right to work. Employers will not be required
to distinguish between EEA and Swiss citizens who arrived before
and after Brexit until the future immigration system is introduced
in 2021.
- Enforced border controls. Those who have
serious criminal convictions may find it more difficult to enter
the United Kingdom after the United Kingdom has departed from the
European Union if there is a no-deal Brexit. Further details on the
exact nature of the border checks have not yet been released.
Fragomen will continue to report on developments.
|
Background
The announcements come amidst a great deal of uncertainty as
press coverage indicated that the Home Secretary contemplated
ending free movement overnight and Members of Parliament passed a
bill to attempt to block a no-deal exit this week. The bill is
currently being debated in the House of Lords and is likely to
obtain Royal Assent next week.
Nevertheless, the default position is that the United Kingdom
will leave the European Union on October 31, 2019 without a deal
unless a further extension or a deal is agreed before then.
Looking ahead
- Emergency bill to block a no-deal outcome. If
the bill to block a no-deal exit from the European Union obtains
Royal Assent next week, it will become law and will give the Prime
Minister until October 19, 2019 to either pass a deal in Parliament
or to approve a no-deal Brexit. Otherwise, the Prime Minister is
instructed to request an extension for the United Kingdom's
departure date to January 31, 2020 from the European Union.
- Upcoming general election. The Prime Minister
has repeatedly stated he does not intend to request a further
extension and has attempted to pass a bill calling for a general
election on October 15, 2019. This was defeated, but opposition
parties have indicated they would support an election either once
the bill to block the no-deal Brexit passes into law next week or
has been implemented in practice (i.e. an extension or deal has
been secured, which is likely to be later in October). The chance
of an election therefore remains high, although the date and
circumstance surrounding it is in flux.
- Preparation for a no-deal Brexit. Although
Parliament is attempting to block a no-deal exit, this is not
guaranteed given the likely upcoming general election and since it
is unclear if the European Union will agree to a further extension.
Fragomen's advice therefore remains to ensure that businesses
have contingency plans in place for a no-deal Brexit on October 31,
2019.
Visit Fragomen's dedicated Brexit site which contains news, FAQs,
and analysis/commentary in the form of blogs, videos, webcasts and
events.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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