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PR after Brexit

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Bochin
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PR after Brexit

Post by Bochin » Tue Feb 23, 2016 9:07 pm

I'm absolutely ignorant when it comes to legal aspects and EU/UK immigration law and was wondering something in the light of potential Brexit in June.

If a PR is "confirmed" by PR certificate (as i'm EU citizen almost 10 years working in UK) and UK leaves EU will the PR status remain and allow to stay and work legally in the UK? Can UK potentially leave EU in the way that PR acquired under exercising treaty can be revoke?

I'm really curious and somehow anxious about UK potentially leaving EU as I have no idea what that could mean to my and probably thousands people in the same boat?

Have been in the UK so long (whole my adult live) got family here and friends mortgage for another 35 year and I can not imagine what would happen to me and my family and our life here?

Please just remember before answering that I have no knowledge about law etc so it might seems very stupid question... :)

noajthan
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Location: UK

Re: PR after Brexit

Post by noajthan » Tue Feb 23, 2016 9:11 pm

Good question.

I think its about Justice as well as Law.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

LilyLalilu
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Re: PR after Brexit

Post by LilyLalilu » Tue Feb 23, 2016 9:44 pm

I think it's unlikely that they would revoke PR; it may be exchanged for ILR under the immigration rules...
But all is speculation and guessing at this point, unfortunately no one knows as there is no precedent and no one knows what agreements would be made in the case of an exit.

I think someone posted a link to an interesting LSE article here a while ago which discussed this topic in more depth. Can't find it now but have a look in the search maybe :)
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

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Casa
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Re: PR after Brexit

Post by Casa » Tue Feb 23, 2016 9:49 pm

LilyLalilu wrote:I think it's unlikely that they would revoke PR; it may be exchanged for ILR under the immigration rules...
But all is speculation and guessing at this point, unfortunately no one knows as there is no precedent and no one knows what agreements would be made in the case of an exit.

I think someone posted a link to an interesting LSE article here a while ago which discussed this topic in more depth. Can't find it now but have a look in the search maybe :)
You'll find the link in this thread, together with more information and opinions.
http://www.immigrationboards.com/eea-ro ... l#p1310009
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Bochin
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Re: PR after Brexit

Post by Bochin » Tue Feb 23, 2016 11:50 pm

Very interesting thread and i'm amazed we peoples knowledge about immigration and general EU law!!

Do you think that prior to actual referendum government will be issuing some kind of summary of the changes if UK leaves EU? so the voters can make more informed decision before actually voting?

ohara
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Re: PR after Brexit

Post by ohara » Wed Feb 24, 2016 9:04 am

Bochin wrote: Do you think that prior to actual referendum government will be issuing some kind of summary of the changes if UK leaves EU? so the voters can make more informed decision before actually voting?
I would certainly hope so :!:

Surely otherwise people would basically be voting blind :?

rooibos
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Re: PR after Brexit

Post by rooibos » Fri Feb 26, 2016 10:09 pm

I would have thought that if one achieves PR status, this shouldn't be lost, regardless of EU law. And I would have also thought that a negative change in legislation should not be retrospective. But if the Murphy's law means anything, if something can go wrong, it will go wrong. Once the UK is no longer part of the EU and not subject to the European Court of justice, what will prevent a anti-immigrant coalition to issue forced repatriations and/or confiscation of assets?

ohara
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Re: PR after Brexit

Post by ohara » Sat Feb 27, 2016 5:32 am

rooibos wrote:what will prevent a anti-immigrant coalition to issue forced repatriations and/or confiscation of assets?
Morals, I would hope. Do you have any idea how much money it would cost to repatriate the approximately 2 million Brits living in other EU countries? Not to mention the furore it would cause. I can't ever see that happening. It would be akin to something North Korea would do.

Richard W
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Re: PR after Brexit

Post by Richard W » Sat Feb 27, 2016 11:07 am

ohara wrote:It would be akin to something North Korea would do.
It's quite European. Remember the expulsions of Poles and Germans, and more recently of Serbs and Albanians. It would also get very nasty when it came to people whom no country would accept.

noajthan
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Re: PR after Brexit

Post by noajthan » Sat Feb 27, 2016 11:35 am

This type of topic perhaps exemplifies the best of ImmigrationBoards, the worst of ImmigrationBoards.

As far as possible kindly keep on topic (whatever it is) and try keep away from themes such as mass expulsions & etc.

That sounds too much like "rivers of blood" territory.
https://en.wikipedia.org/wiki/Rivers_of_Blood_speech
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mosakhan

Re: PR after Brexit

Post by mosakhan » Sun Feb 28, 2016 11:31 pm


rotor
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Re: PR after Brexit

Post by rotor » Mon Feb 29, 2016 4:28 pm

I think you have to assume the worst. All the changes in immigration law in the past 5+ years have been aggressively anti-immigration, so why would that get better post Brexit?

yoshi_jp
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Japan

Re: PR after Brexit

Post by yoshi_jp » Mon Feb 29, 2016 11:22 pm

Vienna Convention on the law of treaties, 1969
Article 69 - Consequences of the invalidity, termination or suspension of the operation of a treaty
"(b) Acts performed in good faith before the invalidity was invoked are not rendered unlawful by reason only of the invalidity of the treaty."
Article 70 - Consequences of the termination of a treaty
1. Unless the treaty otherwise provides or the parties otherwise agree, the termination of a treaty under its
provisions or in accordance with the present Convention:
(a) Releases the parties from any obligation further to perform the treaty;
(b) Does not affect any right, obligation or legal situation of the parties created through the execution of the treaty prior to its termination

People who will have attained the right of permanent residence prior to the effective date of Britain's exit have nothing to worry about.

mia777
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Re: PR after Brexit

Post by mia777 » Tue Mar 01, 2016 1:41 pm

People who will have attained the right of permanent residence prior to the effective date of Britain's exit have nothing to worry about.
Apparently this will take at least two years. Will EEA nationals still automatically attain PR during those years? (ie can they fill in EEA (PR) apps and apply for citizenship?)

maomao
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Just applied for PR need some assessment on time , documents

Post by maomao » Tue Mar 01, 2016 3:59 pm

I wonder if my application u have sent in today at Durham EEA Team will be affected with this enormous changes we are getting in - out referendum thing ! I applied for pedant Residfnt based on my divoorced with my wife : just have some bit of doubt / uncertainty if by Jhne my application will still ...
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