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Government sets out further details on coming immigration policy in Brexit white paper

Summary

White paper suggests that new immigration rules covering EU nationals will be phased in

By EIN
Date of Publication:
02 February 2017

Following yesterday's vote in Parliament granting the Prime Minister the power to trigger the UK's exit from the EU, the Government has today published an official white paper setting out its Brexit plans in more detail.

The document, entitled 'The United Kingdom's Exit from, and New Partnership with, the European Union', can be read in full here.

Section 5 (page 25) of the white paper covers immigration and suggests that new immigration rules covering EU nationals will be phased in. A Government press release says that the white paper "recognises the importance of delivering a smooth, mutually beneficial exit, avoiding a disruptive cliff-edge" so "a phased process of implementation of new arrangements … will be in our mutual self interest."

The section of the white paper dealing with immigration states:

"We will remain an open and tolerant country, and one that recognises the valuable contribution migrants make to our society and welcomes those with the skills and expertise to make our nation better still. But in future we must ensure we can control the number of people coming to the UK from the EU.

5.1 As we leave the EU and embrace the world, openness to international talent will remain one of our most distinctive assets.

5.2 We welcome the contribution that migrants have brought and will continue to bring to our economy and society. That is why we will always want immigration, including from EU countries, and especially high-skilled immigration and why we will always welcome individual migrants arriving lawfully in the UK as friends.

5.3 However, in the last decade or so, we have seen record levels of long term net migration in the UK, and that sheer volume has given rise to public concern about pressure on public services, like schools and our infrastructure, especially housing, as well as placing downward pressure on wages for people on the lowest incomes. The public must have confidence in our ability to control immigration. It is simply not possible to control immigration overall when there is unlimited free movement of people to the UK from the EU.

5.4 We will design our immigration system to ensure that we are able to control the numbers of people who come here from the EU. In future, therefore, the Free Movement Directive will no longer apply and the migration of EU nationals will be subject to UK law.

Our approach to controlling migration

5.5 Immigration can bring great benefits – filling skills shortages, delivering public services and making the UK's businesses the world-beaters they often are. But it must be controlled.

5.6 We will create an immigration system that allows us to control numbers and encourage the brightest and the best to come to this country, as part of a stable and prosperous future with the EU and our European partners.

5.7 The UK will always welcome genuine students and those with the skills and expertise to make our nation better still. We have already confirmed that existing EU students and those starting courses in 2016-17 and 2017-18 will continue to be eligible for student loans and home fee status for the duration of their course. We have also confirmed that research councils will continue to fund postgraduate students from the EU whose courses start in 2017-18.

5.8 The Government also recognises the important contribution made by students and academics from EU Member States to the UK's world class universities. A global UK must also be a country that looks to the future.

5.9 We are considering very carefully the options that are open to us to gain control of the numbers of people coming to the UK from the EU. As part of that, it is important that we understand the impacts on the different sectors of the economy and the labour market. We will, therefore, ensure that businesses and communities have the opportunity to contribute their views. Equally, we will need to understand the potential impacts of any proposed changes in all the parts of the UK. So we will build a comprehensive picture of the needs and interests of all parts of the UK and look to develop a system that works for all.

5.10 Implementing any new immigration arrangements for EU nationals and the support they receive will be complex and Parliament will have an important role in considering these matters further. There may be a phased process of implementation to prepare for the new arrangements. This would give businesses and individuals enough time to plan and prepare for those new arrangements."

Section 6 of the white paper sets out the Government's position on securing rights for EU nationals in the UK, and UK nationals in the EU. It says:

"We want to secure the status of EU citizens who are already living in the UK, and that of UK nationals in other Member States, as early as we can.

6.1 Around 2.8 million EU nationals were estimated to be resident in the UK, many of whom originate from Poland. It is estimated that around 1 million UK nationals are long-term residents of other EU countries, including around 300,000 in Spain. France and Germany also host large numbers of British citizens.

6.2 While we are a member of the EU, the rights of EU nationals living in the UK and UK nationals living in the EU remain unchanged. As provided for in both the EU Free Movement Directive (Article 16 of 2004/38/EC) and in UK law, those who have lived continuously and lawfully in a country for at least five years automatically have a permanent right to reside. We recognise the contribution EU nationals have made to our economy and communities.

6.3 Securing the status of, and providing certainty to, EU nationals already in the UK and to UK nationals in the EU is one of this Government's early priorities for the forthcoming negotiations. To this end, we have engaged a range of stakeholders, including expatriate groups, to ensure we understand the priorities of UK nationals living in EU countries. This is part of our preparations for a smooth and orderly withdrawal and we will continue to work closely with a range of organisations and individuals to achieve this. For example, we recognise the priority placed on easy access to healthcare by UK nationals living in the EU. We are also engaging closely with EU Member States, businesses and other organisations to ensure that we have a thorough understanding of issues concerning the status of EU nationals in the UK.

6.4 The Government would have liked to resolve this issue ahead of the formal negotiations. And although many EU Member States favour such an agreement, this has not proven possible. The UK remains ready to give people the certainty they want and reach a reciprocal deal with our European partners at the earliest opportunity. It is the right and fair thing to do."

BBC News reported that Labour criticised the white paper as it "says nothing" and had been produced too late for "meaningful" scrutiny.