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06 May 2016 / Tim Eicke KC , Kate Beaumont
Issue: 7697 / Categories: Features , Brexit , Immigration & asylum
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Brexit brainstorming: immigration analysis

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How will UK-based EU citizens fare in the event of a full Brexit? Kate Beaumont gets an expert opinion from Tim Eicke QC

Does the Treaty on European Union (TEU) specifically include transitional provisions for nationals of other member states who are exercising right of residence in a host state when it leaves the EU?

As a matter of EU law, the consequences of a decision by the UK to withdraw from the EU are identified in Art 50, TEU, which makes clear that, as a matter of EU law:

  • the provisions of the EU treaties (and the secondary legislation adopted thereunder, such as Directive 2004/58/EC (the Citizens’ Directive)) do not cease to apply immediately (whether as of the date of the announcement of the result of the referendum or the date of the mandatory notification by the UK of its intention to withdraw);
  • the relevant EU law only ceases to apply once the withdrawal agreement enters into force or, absent that, two years after the UK has notified the EU of
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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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