Queen’s Speech: Brexit and Beyond

14 October 2019

After a myriad of legal challenges on the prorogation of Parliament, the Queen finally delivered her speech today. With only weeks to go until Brexit, we look at the most significant provisions relating to immigration.

Ending free movement in favour of Australian-style points-based system
The proposed Immigration and Social Security Co-ordination (EU Withdrawal) Bill mentioned in the Queen’s speech today is similar to the Immigration and Social Security Co-ordination (EU Withdrawal) Bill published by Theresa May’s government in December 2018. This proposed Bill adds a few points, mainly related to the EU Settlement Scheme.

The Bill’s emphasis is to confirm the provisions to be put in place at the ‘end of free movement’ for EU citizens travelling to the UK after Brexit, whilst not recognising that Brexit in fact will lead to the end of free movement for the British population, who will no longer have the ability to freely travel to a Member State.

The Queen’s Speech also referred to the government’s intentions to introduce a ‘new’ points-based system, for which it has already commissioned the Migration Advisory Committee. It remains unclear as to whether Mr Johnson’s government intends to completely overhaul the current immigration system or instead, wishes to introduce additional and supplementary categories to the existing UK immigration system, which is in fact, predominantly made up of, at least in name, a points-based system.

Perhaps an indication of the government’s position is the apparent emphasis on an individual’s skills and potential contribution to the UK. Whilst this is obviously a factor to be considered, the proposals fail to engage with the industries and sectors which will be most adversely affected by the end of free movement by EEA/Swiss nationals.

Challenges to business
Last year’s White Paper seemed to recognise the labour shortages affecting business by referring to the possibility of lowering the skills threshold applicable to non-EEA/Swiss workers, but the Queen’s Speech made no acknowledgement of these prior commitments. Moreover, even if implemented, this improvement will only have a minor impact if the salary thresholds, which do not take into account the lower pay range for lower skilled jobs, remain unchanged. Particularly with the Home Secretary recently suggesting that the new immigration system will encourage overseas nationals to obtain work outside of London and the South East, the salary threshold may remain an excessive barrier for many employers’ needs.

The continuing uncertainty and anticipated administrative burden a new UK immigration system may have on individuals as well as local and global businesses is worrying. Right at a time when businesses will be feeling the effects of a post-Brexit climate, the introduction of a new, more cumbersome system for organisations to grapple with can have serious repercussions on the economy.

EU Settlement Scheme (EUSS)
While the government seems to be celebrating the fact that 1.7 million EEA/Swiss citizens have applied under the EUSS, this still leaves at least half the population of EEA/Swiss nationals in the UK having not made an application. These numbers are particularly concerning regarding vulnerable members of society, many of whom may have acquired permanent residence under the EEA Regulations, but are failing to officialise their status because they have insufficient access to information or help.

Children who may be automatically British or entitled to register as British citizens, may also be rendered victims of the hostile environment. The introduction of a deadline for applications to the settlement scheme creates a significant risk for these vulnerable people, particularly in view of the Immigration Minister’s statement last week confirming those without status would be subject to removal.

Moreover, there are ongoing concerns and confusion about the type of status EEA/Swiss citizens are being granted with many being eligible for settled status but made to believe that they should accept pre-settled status. The grant of a right of appeal is a positive and welcome change but is something that should have been in place from the commencement of the EUSS.

Second Windrush in the making?
The concern is precisely that the government’s deadlines for the EUSS will result in a second Windrush-like incident.

Moreover, as the government is simply transferring the existing compensation system into statutory provisions, this does little to address the implications of thousands of individuals suffering under the hostile environment with the onus of proof still lying disproportionately on the individual.

Malini Skandachanmugarasan profile image

Malini Skandachanmugarasan


Senior Solicitor, Head of Appeals and Human Rights


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