EU Migrants May Be Restricted From Coming Into or Staying in the UK As Brexit Nears banner


EU Migrants May Be Restricted From Coming Into or Staying in the UK As Brexit Nears

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Migrants from the EU who come to Britain as the date for the UK to leave the EU draws near may not be allowed to stay.

New Brexit minister David Davies, has vowed to take a hard line against any ‘surge’ of migrants from the Continent who try to enter Britain close to the date the nation leaves the EU.

"We have to do it all together," Mr Davis told Sky News' Murnaghan, saying that this stopped "anybody being used as bargaining counters".
He added: "If we make a very generous settlement as I'd like to do, then people are going to say, 'Oh but then that'll attract lots more people in because they want to beat the deadline'.

"And so what I've said is, let's deal with that issue when we come to it. One way of dealing with it could be saying 'OK, only people who arrived before a certain date get this protection' - there are other ways too.
"But we've got to do it within the law as it stands because at that point we'll still be within the European Union."

Mr Davis also reasserted his belief that the EU would grant Britain access to the single market as well as a suspension of free movement rules, something which European leaders have so far ruled out.
Risk of Britain angering the EU

The comments by the Brexit Minister are likely to anger Brussels, as any move by Britain to deny rights to EU citizens will be seen as an affront to the principle of free movement. During the two-year period in which the UK negotiates its ‘divorce’ from the EU, the country is still a member of the single market and must therefore abide by its rules, especially if it expects the status quo to remain in relation to trading rights.

How the UK could enforce such an action
The Home Office could restrict EU migrants, who arrive in the country after a certain date, from staying in the UK by denying them the right to apply for Indefinite Leave to Remain after Britain formally exits the EU. This should raise concerns for employers. Organisations who regularly employ EU migrants could risk losing the talent they recruit, as EU employees may have to leave the country after five years.

Once again, Government comment surrounding the status of EU migrants has caused uncertainty for both individuals and businesses.

OTS Solicitors is a London based Immigration, Employment and litigation firm. We are recognised throughout the UK as experts on Immigration law. Please contact our London office on 0203 959 9123 to make an appointment with one of our team.

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