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.’
