Immigration and Social Security Co-ordination (EU
Withdrawal) Bill
“An immigration bill, ending free movement, will lay
the foundation for a fair, modern and global immigration system.
My Government remains committed to ensuring that resident
European citizens, who have built their lives in, and contributed
so much to, the United Kingdom, have the right to remain. The
bill will include measures that reinforce this commitment.
”
The purpose of the Bill is to:
-
Bring an end to free movement in UK law, to ensure that
the Government can deliver a new points-based immigration
system from 2021.
-
Make EU citizens arriving after January 2021 subject to
the same UK immigration controls as non-EU citizens, to enable
the Government to deliver a single global immigration system
based on people’s skills. .
-
Clarify the immigration status of Irish citizens once the
free movement migration framework is repealed. This means Irish
citizens will generally not require leave to enter or remain in
the UK.
-
Enable the Government to deliver future changes to social
security coordination policy.
The main benefits of the Bill would
be:
-
Paving the way for a new points-based immigration system,
which will be based on people’s skills and contributions to the
UK, so that we attract the brightest and best people from the
whole world following the UK’s departure from the EU.
-
Confirming our commitment to the EU Settlement Scheme and
giving EU citizens and their family members who apply a right
of appeal against decisions under the Scheme.
-
Ensuring that we can set new rules on access to benefits
and social security co-ordination that are in the national
interest.
The main elements of the Bill are:
-
Ending the free movement of EU citizens under UK
law.
-
The power to align the treatment of EU citizens arriving
after January 2021 with non-EU citizens, and to maintain the
treatment of EU citizens resident in the UK before exit
day.
-
Clarifying the immigration status of Irish citizens in
the UK once the free movement rules are removed from UK
law.
-
Confirming the deadline for applications to be made under
the EU Settlement Scheme.
-
Giving EU citizens and their family members who apply a
right of appeal against EU Settlement Scheme decisions.
-
The power to make changes to the current rules for access
to benefits and social security coordination for EU
nationals.
Territorial extent and application
-
The Bill’s provisions would extend and apply to the whole
of the UK. Immigration is a reserved matter.
Key facts
-
The Home Secretary has commissioned the Migration
Advisory Committee to consider a new points-based immigration
system that is built around the skills and talent people have,
not where they are from.
-
There are an estimated 3.4 million EU, EEA and Swiss
citizens, and their family members, living in the UK.
-
The Government is already delivering certainty to these
individuals through the EU Settlement Scheme which has been
established in Immigration Rules made under the Immigration Act
1971.
-
The EU Settlement Scheme is working well: Home Office
figures show that by the end of September, more than 1.7
million people had applied and almost
1.5 million people had been granted status under UK
law.
-
The UK immigration status granted under the Scheme
guarantees that EU citizens and their family members can carry
on with their lives here broadly as before.
-
On 4 September, the Government set out its policy on
post-exit immigration arrangements in a no deal scenario. Free
movement as it currently stands will end on 31 October.
-
Should the UK leave the EU without a deal then EU
citizens moving to the UK after Brexit will be able to apply
for a temporary immigration status, called European Temporary
Leave to Remain, which will carry them into the new skills
based immigration system from 2021.
