Post-Brexit immigration: 10 key points from the Home Office document

1) Phased withdrawal

The document says the transformation of the UK’s immigration policy will take place in three stages: the initial phase, before Brexit, will involve the introduction of an immigration bill; it will be followed by an implementation period of “at least two years”; and a final phase, when tough new rules will be put in place.

Phase 3 is about the introduction of new rules to control the type and volume of both temporary and permanent migration in the national interest. [page 4]

Our departure from the EU means the end of rights-based unconditional free movement, but not the end of EU migration. The difference will be that the government will have the essential components to…introduce a more selective approach. [page 6]

2) Britain first

The language in the document points to the development of a much more UK-focused immigration policy.

Put plainly, this means that, to be considered valuable to the country as a whole, immigration should benefit not just the migrants themselves but also make existing residents better off. [Page 38]

We are clear that, wherever possible, UK employers should look to meet their labour needs from resident labour. It is now more important than ever that we have the right skills domestically to build a strong and competitive economy. [Page 40]

3) Passports and border controls

The paper sets out proposals to require EU nationals to show their passports when they come to the UK. Other types of identification will not be enough any more.

At present, EU citizens may enter the UK using a national identity card, whereas all other nationalities must show a passport. We intend to require all EU citizens to travel on a passport. We may wish to impose this requirement as soon as we leave the EU.

4) Free movement during phase 2 and biometric identification

The paper says that the government “will end free movement in its current form” after the UK has left the EU. During the implementation phase people who want to reside here for an extended period will have to provide proof of citizenship either with a passport “or a Home Office biometric immigration document”.

We will not seek to make substantive changes to the access that EU citizens have to the UK labour market or their ability to study. We do however propose to introduce mandatory registration requirements for longer-term residents. We have not yet decided how long EU citizens may remain in the UK before they need to obtain a resident permit [Page 24]

5) Permits, fingerprinting – and cost

Anyone applying for a resident permit for the UK will have to provide certain documents – and their fingerprints.

The criteria for a residence permit will include basic proof of employment/self-employment or study status, or self-sufficiency, building on the criteria set out in the EU free movement directive.

6) Permits for most workers will only last for up to two years

The document suggests only those who have real expertise will be offered permits to stay in the UK for longer than three years during phase 3.

We are minded to grant those in highly skilled occupations who have a contract of employment of more than 12 months a permit lasting three to five years ... for those in other occupations, it may be up to two years. [Page 28]

7) Restricting the rights of EU family members to enter and remain in UK

This is bound to be one of the most contentious issues, particularly for other members of the EU. The Home Office envisages a much tougher regime which will restrict residency to “partners, minor children (that is, under 18) and adult dependent relatives … as such ‘extended family members’ other than durable partners will no longer qualify as family members under new UK law.”

We will no longer apply the EU definition of ‘extended’ family members where there is virtually no limit on the distance of the relationship between the EU citizen and the extended family member, as long as they can provide valid proof of the relationship between them. We propose to define family members as direct family members only (plus durable partners) aligning with the current system for non EU-nationals.

8) Income requirements for some EU nationals

Though it does not give precise details, the document says the UK is minded to introduce an income threshold for some EU citizens before they will be allowed to reside here.

In contrast to the free movement directive, we propose to introduce a reasonable but specific income threshold for EU citizens to come to the UK as a self-sufficient person to ensure they have enough income to support themselves.

9) British workers prioritised

The document says implementing the new immigration system “will not be straightforward” and it makes clear a variety of options are being explored. But it sets out some of the proposals under consideration that will force UK employers to think twice before employing someone from the EU.

Potential measures could include:

• Ensuring preference in the job market is given to resident workers through an economic needs test that employers must complete to check whether suitable recruits can be found locally before hiring an EU citizen.

• Requiring EU citizens to move to jobs already offered by UK employers rather than to job seek.

• Reducing opportunity for workers to settle long term in the UK and to bring their dependents especially at lower skill levels.

10) Refusing entry

The document says the UK intends “to strengthen our ability to refuse entry to EU citizens with a criminal record or whom we consider a threat to the UK”. The vetting process may be aided by an online screening procedure, the document says.

We are also considering whether to introduce a requirement for certain travellers to the UK to have obtained an electronic travel authorisation before they travel, in the same way that the US requires UK travellers going to the US to have obtained an Eeta. This would be a simple, light-touch online system, which would enable us to make a more informed decision on the basis of information obtained at an earlier stage as to whether individuals should be allowed to travel to the UK. [Page 23]

Read the full document

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