The Right of Abode for EU Citizens in Post-Brexit UK

Post-Brexit has radically altered the landscape for EU citizens residing and working in the United Kingdom. This article explores the complexities and clarifies the right of abode for EU citizens in the UK after Brexit, addressing the evolution of immigration policies and the nuances in legal discussions.

Introduction to Right of Abode

Before delving into the specifics, it is essential to understand that the right of abode signifies the legal permission to reside indefinitely in a country without the need for a visa. Post-Brexit, this permission is no longer a universal right, especially for EU citizens.

Historical Context: Freedom of Movement

Previously, EU citizens had the right to freedom of movement, enabling them to work and reside in the UK without the need for special permissions. This freedom was enshrined in EU law, which required the abolition of discrimination between workers from different EU nations regarding employment and working conditions.

Critique of Freedom of Movement

Many have contested the extent of this freedom, arguing that it does not necessarily grant the unconditional right to reside in the UK. For instance, it does not permit EU citizens to move to the UK solely for the purpose of claiming unemployment benefits. Furthermore, EU citizens are subject to British immigration laws, and the Home Secretary retains the power to issue orders forfeiting entry rights under specific circumstances.

Post-Brexit Regulations: The Immigration (EU Civic Participation) Regulations 2020

The Immigration (EU Civic Participation) Regulations 2020 provide a framework for approximately 3 million EU citizens currently residing in the UK to apply for settled status. This status allows them to continue living and working in the UK. However, this right is conditional and not an automatic entitlement.

Key Aspects of the 2020 Regulations

EU citizens who are already residing in the UK and who meet the eligibility criteria, based on their date of entry, are eligible to apply for settled status. Eligible individuals must complete an application form to gain settled status, which grants them the right to reside and work in the UK indefinitely. If successfully granted settled status, these individuals can enjoy life in the UK with the same rights as UK citizens, except for certain public service employment.

Security and Public Policy Considerations

In the aftermath of Brexit, the UK government has the authority to revoke the rights of EU citizens through specific regulations. The Immigration (EU Civic Participation) Regulations 2020 stipulate that the power to withdraw settled status rests with the Home Secretary based on national security or other public policy grounds. This measure ensures that the rights of foreign nationals align with broader national interests.

Historical Notes and Clarification

An initial response from 2015 declared a universal right of abode for EU citizens, which was altered in 2020 due to the impact of Brexit. While this original stance was historically relevant, it no longer holds in the current context. The right of abode for EU citizens in the UK is now predominantly conditional, governed by the aforementioned regulations.

Conclusion

Post-Brexit, the right of abode for EU citizens in the UK is significantly more constrained and conditional compared to the pre-Brexit era. EU citizens seeking to reside in the UK must navigate a complex legal landscape, including the application for settled status and understanding the parameters of freedom of movement. The 2020 Immigration (EU Civic Participation) Regulations provide the legislative framework for this process, ensuring that the rights of all parties align with the evolving national policy.