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My question was in case of Brexit.secret.simon wrote:Is the OP's question about PR applications after a possible Brexit or after a vote to stay in, with the UK-EU deal?
This article in the Telegraph should afford some comfort. It is written by leading people in the Leave camp and it seems that even they recognise that people already in the UK will continue to be governed by existing regulations.
I would have thought the answer was fairly obvious.rooibos wrote:The article you linked doesn't address my question. It's OK to say that the existing legislation will continue to be applied until a new agreement is reached (if any). But why should the HO keep on releasing new PR documents if the whole concept ceases to exist?
I suspect statutory instruments enacted under the European Communities Act 1972 would remain in force until individually repealed. If the Immigration (EEA) Regulations were simply repealed, most foreign EEA residents in the UK would suddenly become illegal immigrants, and we don't think that's going to happen.secret.simon wrote:Subsequent applications would fall under the Immigration Rules in the absence of an alternative plan. So that is taken care of as well.
Directive 2004/38/EC, implemented into UK law by the EEA Regulations under the European Communities Act 1972.rooibos wrote:What piece of legislation introduced the document certifying permanent residence?
The UK will remain a part of the EU for at least two years after initiating Brexit and hence EU law will still apply.rooibos wrote:And would it become invalid the moment the UK initiates the exit procedure?
Transposed into British Law by the Immigration (European Economic Area) Regulations 2006, a statutory instrument (SI) made under Section 2(2) of the act cited above. Permanent residence in the EEA sense didn't exist until then. There's probably some other SI prescribing the form of the document.secret.simon wrote:Directive 2004/38/EC, implemented into UK law by the EEA Regulations under the European Communities Act 1972.rooibos wrote:What piece of legislation introduced the document certifying permanent residence?
British citizenship is a separate issue. The right to naturalise can be withdrawn at any time, regardless of whether Britain is in the EU or EEA. Similarly, the rules about when children born in the UK are born British have nothing to do with the EU directive or, so far as we are aware, EU law. UK governments have chosen to treat permanent residence as implying settled status.rooibos wrote:My understanding is that the UK can legally repeal the 2006 regulations overnight in a Brexit event (however unlikely it might be) and legally suspend the concession of DCPR and /or British citizenship to EU citizens.
But, correct me if I'm wrong, the minute after the UK informs the EU of its intention to leave, the UK is entitled to repeal any EU legislation, regardless of a negotiation in progress.Richard W wrote:
Permanent residence itself, on the other hand, is basically a right under EU law, and it would require primary legislation to remove it other than as part of the withdrawal process, under which changes would be by agreement with the EU.
Not under the treaties. However, if Parliament is sovereign...rooibos wrote:But, correct me if I'm wrong, the minute after the UK informs the EU of its intention to leave, the UK is entitled to repeal any EU legislation, regardless of a negotiation in progress.
Are you talking from an English constitutional point of view, a political point of view or an EU institutions point of view? They all differ and will all give you different answers.rooibos wrote:the minute after the UK informs the EU of its intention to leave, the UK is entitled to repeal any EU legislation, regardless of a negotiation in progress.
You may have already guessed, but it's due to the amount of spam posts selling k i t c h e n c a b i n e t sNoetic wrote:I kind of love that somehow this forum considers "c*binet" to be a naughty word...
Note that the position of the Home office is technically correct. There is no requirement under EU law for permanent residence status to persist if a country were to leave the EU.Ministers were asked in the House of Lords “whether it is their intention that, in the event of the UK leaving the EU, citizens of EU member states who had previously settled in the UK would be entitled automatically to remain”.
In reply, Lord Keen of Elie, a Government minister, said: “As set out in the Government’s White Paper: ‘The process for withdrawing from the European Union’, published on 29 February, the withdrawal process is unprecedented.
“No country has ever used Article 50 – it is untested. There is a great deal of uncertainty about how it would work.
“UK citizens get the right to live and work in the other 27 member states from our membership of the EU.
“If the UK voted to leave the EU, the Government would do all it could to secure a positive outcome for the country, but there would be no requirement under EU law for these rights to be maintained.”