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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll