UK To End Freedom Of Movement

Government proposal to end free movement for EU citizens on 31 October 2019 in the event of a No-Deal Brexit.

On the 19 August, media reported that the new Home Secretary Priti Patel is pushing for the imposition of border restrictions on EU nationals from 31 October 2019 in case of a no-deal Brexit. Currently EU nationals are not subject to immigration control and can freely enter the UK. This is due to end on Brexit but ministers had wanted to delay the ending of free movement until new rules and systems were in place but it would appear that Priti Patel is pushing for restrictions immediately on Brexit.

What does this mean for EU citizens travelling to the UK from 31 October?

If the Home Secretary's plans are to succeed, EU citizens and their family members arriving in the UK from 31 October 2019 will be admitted under Immigration Rules and will require permission (leave to enter or remain). Unlike EU free movement, this will not be automatic and those who do not hold valid immigration permission to be in the UK will need to be assessed for entry at the border.

How would the Secretary of State's proposal affect those living in the UK prior to Brexit travelling outside the UK?

EU nationals resident in the UK prior to Brexit have the right to reside in the UK following Brexit but there is no current border system in place to distinguish between EU citizens who would have been resident in the UK prior to 31 October 2019 and those who would be travelling to the UK after Brexit. Although it is reported that Priti Patel is currently in the process of making preparations for a system to be in place before...