Please use this identifier to cite or link to this item: http://hdl.handle.net/2381/40373
Title: Negotiating the Right to Remain after Brexit
Authors: Ryan, Bernard
First Published: 19-Sep-2017
Publisher: Tottel Publishing
Citation: Journal of Immigration Asylum and Nationality Law, 2017, Vol 31, No 3
Abstract: The United Kingdom’s expected departure from the free movement of persons of regime requires a resolution of the legal status of prior residents under EU law – ie EU-27 citizens in the United Kingdom, British citizens in EU-27 states, and third-country family members. The future status of these groups is covered by the art 50 TEU exit negotiations which commenced on 19 June 2017. This article will consider the provision for ‘rights to remain’ in an eventual art 50 agreement. The article will show that there is consensus to protect persons with pre-Brexit rights of permanent and extended residence. Beyond that, there are many areas of uncertainty, including the treatment of derivative and temporary rights of residence, and of third-country family members of British citizens in the United Kingdom. There are, in addition, several subjects on which differences of view are manifest, such as the post-Brexit sponsorship of family members, exclusion from residence, and guarantees of compliance. The many differences between the EU’s ambition to fully preserve the status quo ante of ‘acquired rights’, and the United Kingdom’s concern to integrate EU-27 residents and their family members into its domestic immigration law system, mean that it is uncertain whether an art 50 agreement will cover rights to remain.
ISSN: 1746-7632
Links: https://ssrn.com/abstract=3037445
http://hdl.handle.net/2381/40373
Version: Publisher Version
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © 2017 Tottel Publishing. Archived with permission of the publisher.
Description: The file associated with this record is under embargo until 4 weeks after publication, in accordance with the publisher's self-archiving policy. The full text may be available through the publisher links provided above.
Appears in Collections:Published Articles, School of Law

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