Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

[lake1]

"Warning of legal limbo for 3m EU citizens living in UK after Brexit", Free movement, housing and social security rights at risk, says parliamentary report.

EU citizens living in the UK would be stripped of their freedom of movement, housing and social security rights by Home Office legislation introduced to regulate immigration following Brexit, a parliamentary report has warned.

Despite repeated government reassurances that their privileges will be protected, a study by the joint committee on human rights (JCHR) concludes that more than 3 million Europeans living in Britain would be left in legal “limbo”.

The cross-party committee, whose members are drawn from the Commons and the Lords, argues that EU citizens’ rights should be protected by primary legislation rather than reliant on statutory instruments approved by ministers at a later date.

“When it comes to rights, promising that everything will be worked out in the future is not good enough, it must be a guarantee, which is why the committee have reinserted rights guarantees back into the wording of the bill.”

https://www.theguardian.com/politics/20 ... ter-brexit



Has the above article in today's Guardian put a stop to all what we believe that people are covered with Settled Status (ILR)? It touched on statutory instrument been used to grant the Settled status as oppose to a primary legislation and also the fact there is no physical proof of status.

Very interesting read.

[Fbiboy2002]

https://www.parliament.uk/business/comm ... hed-17-19/

[NikiGio]

Settled Status is granted under the UK Immigration Rules, so the ILR rights acquired by those who have been granted Settled Status to date would be unaffected by an eventual Brexit cancellation.

The Settled Status Immigration route would probably be closed and the EU Immigration route would continue as per now.

See pic with informal advice from immigration lawyer on Twitter.

[Richard W]

https://www.theguardian.com/politics/20 ... ter-brexit

Has the above article in today's Guardian put a stop to all what we believe that people are covered with Settled Status (ILR)? It touched on statutory instrument been used to grant the Settled status as oppose to a primary legislation and also the fact there is no physical proof of status.

No.

While we are in the EU, the EEA Regulations are subordinate to EU law; they may be more generous in individual cases, but not less generous. On departure, the EEA Regulations achieve the status of statute law whose interpretation is at least in part governed by EU law at the time of exit. However, the government of the day will be able to replace this law, possible different parts at a time, by statutory instruments. The combination of statutory instruments and Immigration rules that replace them will only be subject to EU law for people covered by the withdrawal agreement, if any.

Families composed entirely of EU citizens with what counts as a qualified person as head will be adequately protected by the withdrawal agreement so long as they remain in that state.

The concern is that people's status will be eroded as the statutory instruments are reviewed. For example, there was a time when ILR for Commonwealth citizens was truly indefinite; it was not lost by absence. That privilege is now restricted to British nationals who are not British citizens.

What is much more significant is the challenge of an EU citizen demonstrating that he has been granted ILR.