header-logo header-logo

28 June 2017
Issue: 7752 / Categories: Legal News
printer mail-detail

Lawyers hit out at flaws in PM’s plans for EU nationals

Lawyers have hit out at flaws in the Prime Minister’s immigration status pledge to EU nationals.

Prime Minister Theresa May has said EU citizens who arrived in the UK before the Article 50 trigger date of 29 March 2017 will be given similar rights to UK citizens. Those arriving after that date can stay for two years then apply for a work permit.

However, Nick Rollason, immigration law partner at Kingsley Napley, said the proposal would anger many EU nationals, and created uncertainty. ‘Since the referendum, over 100,000 EU nationals and their family members have applied for, and obtained, EU Permanent Residence status,’ he said.

‘Making them re-apply is a waste, not only of their time and money, but also of UK public funds and of Home Office resources.’

The Bar Council, which published the third edition of its Brexit Papers last week, warned the European Court of Justice (CJEU) could be ‘a major stumbling block in negotiations’.

Hugh Mercer QC, chairman of the Bar’s Brexit Working Group, said: ‘Apart from agreeing the categories of citizens who have acquired these rights, the big question around these “acquired rights” is; how will UK and EU citizens enforce the terms of that deal if they run in to difficulties with national authorities, or if the UK and other states disagree over the operation of the new rules?

‘The answer may be to create a mechanism for obtaining an Advisory Opinion in disputes before UK courts or for UK courts to have due regard to CJEU rulings, and an obligation of consistent interpretation to ensure equality, legal certainty and the maintenance of the quality of the rights.’

 

Issue: 7752 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll