BREXIT – UK Parliament Rejects Withdrawal Agreement

On 15 January 2019, the United Kingdom parliament voted overwhelmingly (by 432 votes to 202) against the withdrawal deal negotiated between the government and the EU. On 16 January the UK prime minister faces a no confidence vote. The government has three parliamentary working days (until 21 January 2019) to present a plan B to parliament for another vote.

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UNITED KINGDOM – Immigration Health Surcharge Doubles from 8 January 2019

An Order of 18 December 2018 authorises the doubling of the immigration health surcharge (IHS) to £400 per annum, effective 8 January 2019.

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UNITED KINGDOM – Public Testing of EU Settlement Scheme to Open in January

On 20 December, the Home Office laid another Statement of Changes to the immigration rules before Parliament, enabling “resident EU citizens (and their EU citizen family members) with a valid passport” and “their non-EU citizen family members holding a valid biometric residence card” to apply for settled or pre-settled status through the EU Settlement Scheme, from 21 January 2019.

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UNITED KINGDOM – Government Publishes Post-Brexit Immigration Proposals [UPDATED]

The UK Home Office has published its long-awaited policy paper on its proposed future skills-based immigration system, designed to replace freedom of movement for EU citizens after Brexit.

According to the proposal, EU (and EFTA) workers will be treated the same as non-European nationals under the existing Points-Based System, but with some amendments to the system following most of the recommendations of the Migration Advisory Committee (MAC) earlier this year.

On 20 December 2018, the Home Office published factsheets and statements related to the Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2018, which will end the EU’s rules on free movement of persons into the UK and make EEA and Swiss nationals and their family members subject to UK immigration controls.

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UNITED KINGDOM – Changes to Right-to-Work Checks in 2019

Effective 28 January 2019, employers in the United Kingdom will be able to rely on an online right-to-work check to prove the status of prospective employees.

The online Right to Work Checking Service was introduced in April 2018, but currently employers in the UK still need to request paper documents alongside using the service.

The changes will also make it simpler for UK nationals without British passports to demonstrate their citizenship by enabling them to use short birth or adoption certificates, which they can get for free, instead of the long versions.

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UNITED KINGDOM – Changes to Right-to-Work Checks in 2019

This alert was prepared with information provided by Newland Chase.

UNITED KINGDOM – No Suspension of Tier 1 (Investor); Publication of Statement of Changes to the Immigration Rules [LATEST]

Tier 1 (Investor)

On 6 December 2018, various press outlets reported, based on an unpublished government press release, that the Home Office had suspended the Tier 1 (Investor) route until further notice.

However, on 11 December 2018 a Home Office spokesperson commented:

“The Tier 1 (Investor) visa is not currently suspended. However, the Government remains committed to reforming the route. A further announcement will be made in due course. Any suspension would be implemented through changes to the Immigration Rules.”

Statement of Changes

The Home Office has published its latest Statement of Changes to the Immigration Rules, announced on 6 December 2018.

The new Statement of Changes does not include most of the reforms to Tier 1 outlined in that announcement.

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UNITED KINGDOM – Citizens’ Rights Under the Withdrawal Agreement Versus a No-Deal Scenario

On 14 November 2018, the United Kingdom (UK) government reached an agreement with the European Union (EU) on the UK’s withdrawal from the EU. The deal, which still needs to be ratified by both the UK and European parliaments, includes arrangements about the legal status of EU citizens in the UK post Brexit.

On 6 December 2018 the Department for Exiting the European Union (DExEU) published a policy paper outlining the UK government’s proposals for protecting citizens’ rights in case the UK leaves the EU without an agreed and ratified withdrawal deal.

Here we examine how the UK government’s proposed no deal arrangements for EU citizens in the UK differ from those in the withdrawal agreement.

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