The Impact of the UK-EU Agreement on Residence Rights for EU Families, Eurochildren Research Brief Series, No. 1
EU citizens and their family members living in the UK under EU law have been very concerned about the nature and quality of their rights of future residence in the UK following Brexit. Despite blithe assurances from some quarters these concerns are both understandable and well founded.There are a number of serious problems facing EU families in the UK after Brexit. Prior to Brexit these problems already existed but were largely hidden. Problems with and gaps in EU law and UK interpretation of EU law could be fudged or overlooked because these cracks were smoothed over by ongoing rights of free movement. After Brexit, the cracks will be exposed, some EU citizens and family members will fall through those cracks and others will be forced to make uncomfortable binary choices.The EU law rights of residence and permanent residence are to be replaced with domestic UK versions, referred to by the UK authorities as “temporary status” and “settled status”. EU citizens or family members living in the UK for less than five years will generally be entitled to temporary status. EU citizens and family members living in the UK for five years or more will generally be entitled to settled status. Those eligible will need to make an application for the new forms of status and will have to submit evidence of entitlement.The UK’s commitments to waive gaps in employment, low earnings and the absence of comprehensive sickness insurance will all help many affected EU citizens qualify for the new statuses on offer after Brexit. This is to be welcomed. The majority of EU citizens and family members currently resident in the UK will probably thus retain ongoing lawful residence. This will not be the case for all those affected by Brexit, however, and some additional questions remain.What will happen to an EU citizen who cannot produce evidence of past residence? What happens to those who miss the deadline for applying? Should a child whose future lies in the UK be registered as British if that means losing the citizenship of the country of origin of one or both parents? What will happen to the children of EU citizens living in the UK who are entitled to British citizenship but cannot prove it because their parents either never had or did not keep the paperwork to prove it? What does it mean to belong to a family where one parent has one nationality, another has a second and the children have a third? What is the impact on such a family and where should they go if one of its members is deported?It is likely that substantial numbers of EU citizens do not acquire the new statuses. Where this happens, they and potentially their families will become unlawfully resident. They will face hostile environment measures, exploitation in the labour and housing markets and, ultimately, removal from the UK. Still more will face obstacles acquiring British citizenship.The consequences for children are severe. Children will be wholly dependent on their parents to apply for the new types of status. Where parents fail to do so, or for some reason do not qualify, children will lose their lawful status under EU law and drift unknowingly into illegality
Year of publication: |
2022
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Authors: | Yeo, Colin |
Publisher: |
[S.l.] : SSRN |
Saved in:
freely available
Extent: | 1 Online-Ressource (14 p) |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments May 4, 2018 erstellt |
Other identifiers: | 10.2139/ssrn.4100105 [DOI] |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10014084663
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