Accession state nationals: restrictions on access to the labour market

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ARCHIVED: this Overview is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications. For further details, including of the relevant savings and the position of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note has been retained in archived form for historical interest, because EU law as previously implemented in the UK remains relevant in certain limited situations. For historical versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including immediately prior to revocation, see Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives (EU Law)—overview.

On 1 January 2007 Bulgaria and Romania became members of the EU. Croatia joined the EU on 1 July 2013. On accession each state became, by extension, a member of the European Economic Area (EEA).

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Latest Immigration News

Home Office appoints John Tuckett as Independent Chief Inspector of Borders and Immigration

The Home Office has announced the appointment of John Tuckett as the new Independent Chief Inspector of Borders and Immigration (ICIBI), following pre-appointment scrutiny by the Home Affairs Select Committee earlier in 2025. Tuckett replaces David Bolt, who has served as interim ICIBI since June 2024. The ICIBI monitors and reports on the efficiency and effectiveness of the UK's border, immigration and citizenship system, making recommendations directly to the Home Secretary. The government is also recruiting a new Immigration Services Commissioner to replace Tuckett in that role, with the appointment expected to be confirmed in due course.

Conservatives announce plans to withdraw from the ECHR and abolish the Immigration Tribunal

The leader of the Conservative party, Kemi Badenoch MP, announced at the party conference on 5 October 2025 that the next Conservative election manifesto will contain a commitment to leave the European Convention on Human Rights (ECHR) and repeal the Human Rights Act 1998. This follows the completion of an advice document by the Shadow Attorney General, Lord Wolfson, which looked at whether remaining signed up to the Convention would constrain a future Conservative government in the following areas: making a ‘stringent’ border policy possible; protecting soldiers from ‘vexatious’ legal claims, especially over Northern Ireland and overseas operations; placing blanket restrictions on foreign nationals in terms of social housing and benefits; setting mandatory sentences for serious crimes and banning ‘disruptive’ protests; and delivering infrastructure and energy projects without extensive human rights and climate-based litigation. In his separate address to the conference, the Shadow Home Secretary, Chris Philp MP, asserted that current judicial interpretations of the ECHR impede effective border control and the deportation of foreign offenders. He also announced that, following withdrawal, the party proposed to legislate for a Borders plan that would prohibit all asylum and other claims made by those entering the UK unlawfully, including those arriving by small boats. Such individuals would be removed immediately to their country of origin, or, where that is not possible, to a designated safe third country such as Rwanda, within one week of arrival.

Institute for Government analyses Starmer's proposals to reinterpret ECHR in immigration cases

The Institute for Government has analysed Prime Minister Keir Starmer's proposal to change how UK courts interpret the European Convention on Human Rights (ECHR) and other international treaties in immigration cases. The former Treasury Solicitor, Sir Jonathan Jones examines how Parliament could pass legislation setting out specific interpretations of Articles 3 and 8 of the ECHR, while the government maintains its commitment to remaining within the Convention. The analysis notes that claimants could still apply to the European Court of Human Rights in Strasbourg, which would not be bound by UK domestic legislation.

Sudden end of right of appeal for Article 8 upgrade and long residence refusals

The Home Office has updated it's 'Rights of Appeal caseworker guidance' to say that the Home Office will no longer be issuing appealable refusal decisions where a person already has leave to remain in the UK. Previously the guidance still provided for a right of appeal if the person did not already have leave to remain on human rights grounds. A common scenario where this arose was appeals against a refusal on the ten-year long residence settlement route. Now if a person already holds any form of leave to remain (except 3C leave), the Home Office will not issue an appealable refusal decision and the only remedy would be judicial review, unless the refusal attracts a right of administrative review (which would not usually arise for human rights applications).

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