Citizens' rights of residence in the withdrawal agreement—general principles, enforcement and related issues

Produced in partnership with Graham Denholm of Landmark Chambers

The following Immigration practice note produced in partnership with Graham Denholm of Landmark Chambers provides comprehensive and up to date legal information covering:

Citizens' rights of residence in the withdrawal agreement—general principles, enforcement and related issues
Background
Implementation
Direct effect
Transition period
Applicable law, enforcement and the role of the CJEU
The joint committee and the committee on citizens’ rights
Independent authority to monitor implementation of Part Two in the UK
Related citizens’ rights issues—rights of workers and self-employed persons
Related citizens’ rights issues—professional qualifications

More...

Related citizens’ rights issues—social security
Related citizens’ rights issues—other provisions
Publicity
More favourable provisions
Life-long protection

This is the first of two linked Practice Notes covering the rights of residence agreed in the Withdrawal Agreement between the UK and the EU issued on 17 October 2019. These are the minimum, guaranteed rights of residence that will apply to EU27 citizens in the UK, and British citizens in any EU27 Member State—and their third-country national family members—who are present in the respective state prior to the end of the Brexit transition period, and who fall within the personal scope of the Withdrawal Agreement.

The citizens’ rights provisions of the Withdrawal Agreement are contained in Part Two, which is structured as follows:

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Title I: General Provisions
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Title II: Rights and Obligations
1. ◦
  Chapter 1: Rights related to residence, residence documents
2. ◦
  Chapter 2: Rights of workers and self-employed persons
3. ◦
  Chapter 3: Professional qualifications
•
Title III: Coordination of social security systems
•
Title IV: Other Provisions

This Practice Note looks at:

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key general principles contained within the Withdrawal Agreement (including applicable law and the role of European Union (EU) Court of Justice (CJEU))
•
enforcement/monitoring bodies, and
•
issues related to citizens’ residence rights (including rights of workers and self-employed persons, and professional qualifications).

The Practice Note: Citizens’ rights of residence in the withdrawal agreement—scope, rights and redress looks at:

•
who comes within scope of the Withdrawal Agreement, including definitions of family members
•
what will be the conditions for the continuing

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