I agree with other interlocuters on these forums that we need to be careful of the language that is being used in these discussions. The country is divided pretty evenly and both sides have intellectually valid points of view that should be respected. Branding one side dearly beloved or xenophobic does not add any value or depth to a discussion.
Given that half the country has expressed an opinion that is relatively hostile to immigration, I think that we, as migrants and families of migrants, need to reflect on it and address these concerns, not get on the high horse of "rights". It is the society around you that grants rights, not scraps of paper.
Returning to the topic under discussion, I do not think that the UK will actually ever invoke Article 50. Brexit has already caused the EU and its other member states to reevaluate their priorities. Negotiations are already underway across the EU. Germany is
worried about further fragmentation and the German and French foreign ministers will be
presenting a paper today on "allowing space" in the EU for countries who do not want further integration.
As for the newer members, the Czech Prime Minister has
raised the possibility of a Crezit. A former Polish Prime Minster has
argued for a looser European union of nation states.
Elections ar due across the EU in the next year and a half. Spain goes to the polls tomorrow, France in May 2017 and Germany in August 2017. The governments in these coutries will face equally strident calls for a lesser EU now. That may change their attitude towards Brexit negotiations.
It is thus entirely possible that we remain in the EU, but that the EU is forced to change significantly. In a sense, this is a test of the EU as well, as it has to decide whether it is a political, pragmatic entity open to negotiations and compromise or it is an ideologically driven one.
My opinion is that the Brexit negotiations will take place under
Article 48, which is basically an amendment of the original treaties of the EU. That would allow the UK to have a special status in the EU. Being written into the EU treaties, it would need to be ratified by all the 28 countries of the EU and the European Parliament. But that would be the case for a Brexit deal under Article 50 anyway, so both have the same level of difficulty. Article 48 was the basis of the Treaty that allowed Greenland to leave the then EEC in 1985, so there is historical precedence for that possibility.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.