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EU Referendum and UK poverty

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Ros
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Updated guidance for Home Office staff on how UK Visas and Immigration considers an application for a document to confirm a right of residence in the UK for a family member of an EEA national -

Processes and procedures for EEA documentation applications

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shawn - 08 February 2019 12:46 PM

Further to the written statement in December 2018 re the ‘EEA EFTA states’ (Norway, Iceland and Liechtenstein) ... here’s another one made by the Brexit Secretary today:

The UK has concluded discussions with Norway, Iceland and Liechtenstein (the ‘EEA EFTA states’), on an EEA EFTA citizens’ rights agreement that would protect the rights of UK nationals already living in the EEA EFTA states and EEA EFTA nationals already living in the UK in the event of a no deal scenario ....

More: https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2019-02-08/HCWS1312

Further written statement issued yesterday includes update on EEA EFTA agreement as well as agreement with Switzerland, and plans to replicate current Ankara Agreement with Turkey post Brexit.

 

Daphne
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House of Commons library report on the Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-19 which has been reported to the House with no amendments - the Bill is due to have its Report Stage and Third Reading on a date to be announced.

Paul_Treloar_AgeUK
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Further to Daphne’s post above, this is all a bit worrying.

EU citizens living in the UK would be stripped of their freedom of movement, housing and social security rights by Home Office legislation introduced to regulate immigration following Brexit, a parliamentary report has warned.

Despite repeated government reassurances that their privileges will be protected, a study by the joint committee on human rights (JCHR) concludes that more than 3 million Europeans living in Britain would be left in legal “limbo”.

Warning of legal limbo for 3m EU citizens living in UK after Brexit

HB Anorak
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There is a risk that could happen by accident if the UK leaves in April with no deal.  If the Immigration (EEA) Regs 2016 are revoked without any transitional saving for people already in the UK, then those who have not yet obtained ILR or limited leave under the new settled status scheme would be in a legal vacuum without any positive rights until they obtain their leave to remain under the settled status rules.

I cannot believe that such a colossal mistake would be made, this ought to be perfectly well understood by the Home Office lawyers.  But it would be easy enough to hard-wire transitional protection into the Act itself: just say the clause revoking the 2016 Regs does not commence in the case of a person residing in the UK until such as time as:

(a) s/he has obtained leave to remain under the settled status scheme, or
(b) the date of the deadline to apply for such leave arrives and s/he has not made an application

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HB Anorak - 26 March 2019 02:41 PM

There is a risk that could happen by accident if the UK leaves in April with no deal.  If the Immigration (EEA) Regs 2016 are revoked without any transitional saving for people already in the UK, then those who have not yet obtained ILR or limited leave under the new settled status scheme would be in a legal vacuum without any positive rights until they obtain their leave to remain under the settled status rules.

I cannot believe that such a colossal mistake would be made, this ought to be perfectly well understood by the Home Office lawyers.  But it would be easy enough to hard-wire transitional protection into the Act itself: just say the clause revoking the 2016 Regs does not commence in the case of a person residing in the UK until such as time as:

(a) s/he has obtained leave to remain under the settled status scheme, or
(b) the date of the deadline to apply for such leave arrives and s/he has not made an application

Yes amendment is probably quite easy…but this is just one of thousands of legislative provisions which have been left unchanged given the hope, wing and prayer strategy the government has had with Brexit.  Given the state of crisis, it seems unlikely they’ll sort this by Friday or even 12 April. 

But doubtless Brexiteers’ hopes spring eternal that superior beings like Grayling, Gove and Fox will be able to easily secure the best deal in the the world with free ice cream for everyone in the next three days!

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This discusses the eligibility requirements to access public funds that will apply in a no deal scenario for EEA and Swiss nationals who arrive after the UK exits the EU. (dated 26th March)


https://www.gov.uk/government/publications/eu-exit-eligibility-arrangements-to-access-public-funds-after-free-movement-ends-if-there-is-no-deal

Ros
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The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 published yesterday.

Explanatory memorandum says that it -

‘.. makes changes to maintain the effective operation of the UK border in a ‘no deal’ scenario once free movement comes to an end following the UK’s withdrawal from the EU, and to support the operation of the EU Settlement Scheme in both ‘deal’ and ‘no deal’ scenarios.’

BC Welfare Rights
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I’ve been busy recently and haven’t seen the news much. Is it true that there has been a bit of a tiff about this Brexit thing and it isn’t happening today after all?

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BC Welfare Rights - 29 March 2019 09:31 AM

I’ve been busy recently and haven’t seen the news much. Is it true that there has been a bit of a tiff about this Brexit thing and it isn’t happening today after all?

Oh you are missing out!

Government negotiated a deal. Parliament rejected that deal. Government asked Parliament to have another go. It rejected the deal again.

Parliament was asked if it could agree any option at all to progress things, but it rejected all the options.

Meanwhile, six million people have signed a petition suggesting that we should just scrap the whole thing.

Government went back to the EU and asked if we could have more time. EU says that we can have up to the 12th April BUT if we can agree the deal by 11pm tonight, then we can have up to 22nd May.

So the Government is asking Parliament today, for a third time, whether it accepts part of the deal. It thinks that there is a bit of a loophole which means that if Parliament agree that part of the deal, then the extension to 22nd May will apply.

As an incentive to agree that deal, the Prime Minister has promised to quit if it passes.

So we won’t be Brexiting today - but frankly who knows what will happen next.

[ Edited: 29 Mar 2019 at 09:58 am by Elliot Kent ]
John Birks
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BC Welfare Rights
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Gosh! Thanks for bringing me up to speed Elliot. That will explain why there was a million people marching around in EU berets and funny t-shirts waving flags in London last weekend. I wondered what that was about.

Oh well. Maybe Mr Farrage’s tremendous efforts and sacrifice in walking a little bit of the way from Sunderland to London will persuade those silly MPs to make their minds up tout de suite. Oops, I mean pronto. Argh, done it again, I mean presto. Damn, I give up, trying to get the European out of me is just too difficult.

Ros
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Hola amigos.

Guidance published today on EU Settlement Scheme for frontier workers and their family members post Brexit -

https://www.gov.uk/government/publications/eu-settlement-scheme-frontier-workers-and-their-family-members

Peter Turville
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Elliot Kent - 29 March 2019 09:55 AM
BC Welfare Rights - 29 March 2019 09:31 AM

I’ve been busy recently and haven’t seen the news much. Is it true that there has been a bit of a tiff about this Brexit thing and it isn’t happening today after all?

Oh you are missing out!

Government negotiated a deal. Parliament rejected that deal. Government asked Parliament to have another go. It rejected the deal again.

Parliament was asked if it could agree any option at all to progress things, but it rejected all the options.

Meanwhile, six million people have signed a petition suggesting that we should just scrap the whole thing.

Government went back to the EU and asked if we could have more time. EU says that we can have up to the 12th April BUT if we can agree the deal by 11pm tonight, then we can have up to 22nd May.

So the Government is asking Parliament today, for a third time, whether it accepts part of the deal. It thinks that there is a bit of a loophole which means that if Parliament agree that part of the deal, then the extension to 22nd May will apply.

As an incentive to agree that deal, the Prime Minister has promised to quit if it passes.

So we won’t be Brexiting today - but frankly who knows what will happen next.

“When I use a word [for example, Brexit],” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master—that’s all.”

Elliot Kent
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Elliot Kent - 29 March 2019 09:55 AM

So the Government is asking Parliament today, for a third time, whether it accepts part of the deal. It thinks that there is a bit of a loophole which means that if Parliament agree that part of the deal, then the extension to 22nd May will apply.

They’ve said “no” again.

 

Paul_Treloar_AgeUK
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In case you missed it, the debate about the 6 million plus revoke petition, along with two others, took place yesterday, not that you’d have known it from the media.

Leaving the European Union

The Parliamentary Under-Secretary of State for Exiting the European Union Chris Heaton Harris

The Government believe we have settled the question. It was settled by the British people in the 2016 referendum. To question that vote and try to undermine what was expressed in it is a harmful precedent to set, and one that the Government are firmly unwilling to set. However, people have expressed an important message to us through the petitions. Through them, we recognise the frustrations and concerns caused by the current uncertainty. It is our view, and Parliament’s view as expressed in numerous votes last week in the indicative vote process, that the solution is not to revoke article 50 or hold a second referendum, thereby irreparably damaging the relationship between people and politics, but to try to move forward with certainty as we deliver on the instruction that was given to us. That is what the Government are trying to do.

Catherine McKinnell (Newcastle upon Tyne North) (Lab)

I recognise, as do my colleagues, that there was a vote to leave the European Union, but how that would happen was not decided upon; that is something Parliament has to decide. We have seen the evidence. We have seen that every single Brexit option will make our constituents poorer, and the impact will be greatest on those in the north-east.

Therefore, my view and the view of many of my colleagues who will support the motion tonight is that we should allow Parliament to have that process, to pass it back through Parliament and give it back to the people to make the final decision. Given that they started the process in 2016, they can now make the final decision on how it ends. That is how I will find out whether this is a Brexit that my constituents support, because they will have the opportunity to vote for it in a referendum—a referendum that every single citizen of this country who can vote can take part in. That is a democratic resolution to the impasse that we find ourselves in here in Parliament.

We know how we got here; we know how to get out of it. It is about time that the Government stopped burying their head in the sand and going around in circles, engaging in a debate that is not taking us forward in any way, but only leaves us stuck in this Brexit chaos. I implore the Minister, rather than engaging in the tit-for-tat that is driving the country to distraction, to compromise and come to an agreement that Parliament cannot take this historic decision without the confidence that it is something the public support.

7.45 pm

Motion lapsed, and sitting adjourned without Question put (Standing Order No. 10(14)).

[ Edited: 2 Apr 2019 at 12:28 pm by Paul_Treloar_AgeUK ]
Ros
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The European Union (Withdrawal) Act 2019 which is designed to prevent a no deal Brexit, has received Royal Assent.

Paul_Treloar_AgeUK
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The list of organisations funded to provide support services to people who need help with applying for settled status has now been published.

Mike Hughes
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Today’s GMWRAG meeting is being hosted by Stockport Help With Benefits team in BS 1.22 (N Atrium) in the Business School at Manchester Metropolitan University. See https://venues.mmu.ac.uk/wp-content/uploads/2016/11/11764-Business-School_First-Floor.pdf and https://venues.mmu.ac.uk/venues/business-school/

Please note that the meeting will be open for refreshments/networking at 12:30pm and will start at 12:45pm. You have not misread this. The intent would be to finish at 4pm as per usual. The meeting is not ticketed and places are still available. Two great speakers:

1pm – Professor Charlotte O’Brien from York Law School.. We’re confident many GMWRAG members will recall her excellent contribution on the consequences of Brexit at PLP North in 2017. We certainly do. The phrase “administrative cataclysm” has resonated down the years.

Today Charlotte will be talking on

“Brexit, benefits and (un)settled status: tripwires and time bombs”.

2:30pm – Alexandra Sinclair from the Public Law Project, SIFT Project will be talking on ”

“Brexit, Statutory Instruments and Social Security: An early analysis”.

We are hoping to live stream one or both speakers but we’re still irking on the logistics of that. If it happens we’ll be live on Twitter and Periscope from 12:55pm.

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Apparently, according to the explanatory memorandum to these new regs, that relate to what happens when there is a serious shortage of a health care product ordered on an NHS prescription ....

This instrument does not relate to withdrawal from the European Union.

http://www.legislation.gov.uk/uksi/2019/990/made
http://www.legislation.gov.uk/uksi/2019/990/memorandum/contents

 

 

Mike Hughes
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Will be interesting to get the SIFT take on that!

shawn mach
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Amber Rudd, one of the leading cabinet opponents of hard Brexit, has publicly ditched her opposition to no deal as senior Tories jostle for position in a Boris Johnson cabinet.

.... Friends of Rudd said she would like to keep her job as work and pensions secretary in a Johnson cabinet and it was better to be around the cabinet table as an influence than on the backbenches.

https://www.theguardian.com/politics/2019/jul/11/amber-rudd-drops-opposition-to-no-deal-brexit

Paul_Treloar_AgeUK
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Interesting blog covering findings of new report from Public Law Project about the automation of dealing with settled status applications.

The wide range of administrative justice issues raised by the Scheme is the subject of a new research report published today by the Public Law Project. Quick and uneasy justice: an administrative justice analysis of the EU Settlement Scheme examines four key areas:

  the legislative and policy design of the Scheme (i.e. the form of the rules);
  the initial application process;
  redress systems;
  and the support and advice landscape.

In respect of each of these components, there are multiple complex and interrelated issues which require close scrutiny (including the bizarre “no deal, no appeal” situation). But the headline point about administrative justice in the Scheme can be put simply: it represents a new and distinct model of immigration administrative justice, which has automation of decision-making at its centre.

EU Settlement Scheme ushers in a new era of automated decision-making at the Home Office

Stuart
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Public Law Project summary research briefing on rights of EU citizens in case of a no-deal Brexit on 31 October - updated to account for the stated intentions of the UK Government as at 25 July 2019.

Alexandra Sinclair, Research Fellow and head of PLP’s SI scrutiny project comments -

Overall, our research paper should be of some comfort to EU citizens living in the UK. The government has made many statements signalling an intent to protect the rights of those living in the UK prior to exit day. However, the research also shows that the current legal framework does not offer much by way of statutory protection.

The document will be updated regularly until the Immigration and Social Security (Co-ordination) Bill is passed into law.

https://publiclawproject.org.uk/latest/eu-citizens-rights-in-the-event-of-a-no-deal-brexit-2/

shawn mach
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And so:

Govt announces that the ‘fast-tracked’ Spending Round - that will set departmental budgets for 2020/2021 - will be delivered on Wednesday 4 September.

https://www.gov.uk/government/news/chancellor-confirms-spending-round-will-be-delivered-on-4-september

Government asks the Queen to suspend Parliament in w/c 9 Sept ..... with Parliamant re-opening with a Queen’s Speech to take place on Monday 14 October

https://www.gov.uk/government/news/prime-minister-announces-plans-to-bring-forward-new-bold-and-ambitious-legislative-agenda

 

shawn mach
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shawn mach - 28 August 2019 11:26 AM

And so:

Govt announces that the ‘fast-tracked’ Spending Round - that will set departmental budgets for 2020/2021 - will be delivered on Wednesday 4 September.

https://www.gov.uk/government/news/chancellor-confirms-spending-round-will-be-delivered-on-4-september

Government asks the Queen to suspend Parliament in w/c 9 Sept ..... with Parliamant re-opening with a Queen’s Speech to take place on Monday 14 October

https://www.gov.uk/government/news/prime-minister-announces-plans-to-bring-forward-new-bold-and-ambitious-legislative-agenda

Apologies, don’t know why I added this to the Brexit thread .... of course it has nothing to do with Brexit ...

Paul_Treloar_AgeUK
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It’s ALL about Brexit Shawn, make no mistake….

That and the imposition of someone acting in a way that is reminiscent of an unelected dictator…..

Ros
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The government has announced £3 million in funding for charities and other voluntary organisations to inform UK nationals living in EU countries about the need to register or apply for residency and support them as they complete their applications.

Ros
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New House of Commons Library briefing looks at EU law providing for the co-ordination of state pension entitlement and the possible impact of Brexit.

[ Edited: 30 Aug 2019 at 01:18 pm by Ros ]
shawn mach
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Sharp rise in proportion of EU citizens not considered eligible for settled status is causing alarm as the rush to secure the right to stay in the UK gathers pace ahead of a possible no-deal Brexit: https://www.theguardian.com/politics/2019/aug/30/eu-citizens-uk-settled-status-alarm

Home Secretary’s plan to end freedom of movement at midnight on October 31 have been torn up after lawyers warned that ministers risked losing a court case that would derail no-deal preparations: https://www.thetimes.co.uk/edition/news/end-to-freedom-of-movement-after-brexit-postponed-xbgmflzqp

Govt launches what it claims is the UK’s largest ever public information campaign in an effort to prepare the public for an October Brexit: https://www.theguardian.com/politics/2019/sep/01/get-ready-for-brexit-government-launches-information-blitz

Home Office is preparing to end the current system of family reunification for asylum-seeking children if the UK leaves the EU without a deal: https://www.theguardian.com/global-development/2019/sep/01/home-office-planning-to-end-family-reunion-for-children-after-brexit