The post-Brexit immigration system
The post-Brexit immigration system

The following Immigration guidance note provides comprehensive and up to date legal information covering:

  • The post-Brexit immigration system
  • Post-Brexit immigration
  • Post-Brexit models

European Economic Area (EEA)/Swiss citizens (termed ‘EEA citizens’ for these purposes) and their family members currently benefit from EU free movement rights under the Immigration (European Economic Area) Regulations 2016 (the EEA Regs 2016), SI 2016/1052. In line with the withdrawal agreement reached between the EU and the UK, and the equivalent agreements reached with Norway, Iceland and Liechtenstein and Switzerland, these Regulations will continue to apply in full throughout the transition period in force after the UK leaves the EU (ie between 11 pm on 31 January 2020 and 11 pm on 31 December 2020).

At the end of the transition period, which is referred to as the ‘implementation period’ in the relevant UK legislation, the EEA Regs 2016 will become ‘retained EU law’ under the EU (Withdrawal) Act 2018, as amended by the EU (Withdrawal Agreement) Act 2020. On 5 March 2020, the government published the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, which, when enacted, will include powers to revoke the EEA Regs 2016 and other related free movement provisions. The Explanatory Notes to the Bill state that the government’s ‘intention is to repeal free movement legislation at the end of the transition period so that from 2021, EEA citizens and their family members who come to the UK after that date will be subject to UK immigration