Government must ignore illegal proposals for a pre-Brexit cut-off point limiting the rights of EU nationals in the UK

Dr Albert Sanchez Graells, Senior Lecturer in Law, University of Bristol Law School

Dr Albert Sanchez Graells, Senior Lecturer in Law, University of Bristol Law School

In its paper of 13 March 2017 on “The Rights of EU Nationals in the UK Post-Brexit”, Migration Watch UK has put forward a range of proposals aimed at clarifying – and limiting – the rights of EU nationals in the UK in the context of Brexit. These proposals are illegal under EU law and the UK Government must ignore them in their process of shaping the UK’s migration policy towards EU nationals as a result of Brexit. This post summarises these proposals and details the reasons why they are illegal under EU law.

The proposals of the Migration Watch UK paper focus on two main categories of EU nationals: first, those that are residing in the UK at the time of triggering Article 50 Treaty of the European Union (TEU) but will not qualify for permanent residence at the time of Brexit (which the paper assumes to be March 2019) (category (a)). Second, those that will continue to arrive to the UK between the moment in which Article 50 TEU is triggered and the moment when Brexit becomes legally effective (category (b)). Even if the paper is not very clear about it, the proposals would also affect the rights of European Economic Area (EEA) nationals, as well as those of individuals whose residence and work rights derive from those of an EU/EEA national. For simplicity, though, I will stick to the use of the expression “EU nationals” to cover all of them. Continue reading

Unequal political rights: the case for immigrant suffrage in the UK

Dr Sean Fox, Lecturer in Urban Geography and Global Development, University of Bristol

Dr Sean Fox, Lecturer in Urban Geography and Global Development, University of Bristol

The distribution of political rights in the UK undermines the assumption of equality that underpins democratic practice, writes Sean Fox. He makes the case for extending voting rights to all legal immigrants living in the UK – whose lives are affected by government decisions as much as those who, by virtue of their citizenship, get to have a say in elections.

The vote to leave the EU was fundamentally undemocratic. Theresa May’s clear determination to plough ahead with Brexit therefore compounds an act of injustice that reveals a basic flaw at the heart of Britain’s electoral system. If this seems a provocative opening salvo for a radical cosmopolitan polemic, you may be surprised by the current distribution of voting rights in the UK.

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Brexit: how did news media play a role?

 PhD researcher in Politics; Teaching Assistant in Politics, SPAIS, University of Bristol

Denny Pencheva, PhD researcher in Politics; Teaching Assistant in Politics, SPAIS, University of Bristol

In light of the EU referendum result, a lot has been said and written on why Britain voted to leave. From my own point of view, as an Eastern European migrant and an aspiring academic, the Leave victory was not so much a surprise, but rather a long-feared reality. Just to be clear, it is not that a sensible case for an EU exit could not have been made, it is that it was not made.

When I came to Britain I knew I was not in continental Europe, but I knew I was in the EU. And this offered some consolation in terms of guaranteeing the so-called acquired rights, given the numerous legal opt-outs Britain has within the EU, including on issues of immigration.

In light of my research around issues of asylum and migration, EU border control policies and more (see base of blog for detail), I want to examine how British mainstream media played a role in framing the main debates ahead of the EU referendum campaign and ask, what are the policy and real-life implications for British and EU citizens?

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Multiculturalism can foster a new kind of post-Brexit Englishness

Tariq Modood is Professor of Sociology, Politics and Public Policy

Tariq Modood, Professor of Sociology, Politics and Public Policy, University of Bristol

The Brexit referendum result was a shock. Especially surprising – given that the whole exercise was as a result of the divisions within the Conservative Party – was the fact that about 30% of those who voted Labour in 2015 voted Leave. It is clear that the Leave vote disproportionately consisted of those without a degree and over the age of 45. Equally over-represented in the Leave vote in England were those who say they are more English than British or only English and not British.

There is some reason to suppose that this new and rising English nationalism is anti-immigration, and even worse – given that England is a highly diverse country – anti-multiculturalist. While it is worrying that the Brexit result seems to have led to an uptick in racial abuse and harassment, there is no reason to suppose that English nationalism and multiculturalism must be opposed to each other.

To many, multiculturalism as a political idea in Britain suffered a body blow in 2001. In the shock of 9/11 terrorism and after race riots in some northern English towns, many forecastthat its days were numbered. If these blows were not fatal, multiculturalism was then surely believed to have been killed off by the 7/7 attacks in London in 2005 and the terrorism and hawkish response to it that followed. But this is far too simplistic.

And today, a multicultural identity among some ethnic minorities could help to create more of a sense of “British identity” among the English.

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Making Turks Visible: the Brexit/Bremain Debates and Turks in the UK

Dr. Erdem Dikici, Research Affiliate at the Centre for the Study of Ethnicity and Citizenship, University of Bristol

Dr. Erdem Dikici, Research Affiliate at the Centre for the Study of Ethnicity and Citizenship, University of Bristol

A decade ago, research by Pinar Enneli, Tariq Modood and Harriet Bradley identified Turkish-speaking people in Britain (Turkish Cypriots, and Turks and Kurds from mainland Turkey) as ‘invisible minority groups.’ ‘Such groups’, it was noted, ‘make little appearance in public debates about race relations and have been little studied within academic social science.’

Hopefully, this is about to change because of the latest, and indeed scandalous, argument of the British Vote Leave campaign, that (i) Turks engender a threat to national security, and (ii) 12 million Turks will flood into Britain if Britain remains in the EU and Turkey successfully joins the EU.

As Turks have made the front pages of newspapers and become central to the public debates regarding Brexit/Bremain, there seems to be an opportunity for Turks to come to the fore, to become more “visible” within the fabric of multi-ethnic Britain. Thus, rather than focusing on Turkey’s EU accession journey or what would be the consequences of an alleged/imagined massive influx of Turks in the UK, I believe that it is more important to take the recent media coverage of Turks as an opportunity to make a case for Turks already residing in the UK.

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Marriage migration and integration

 

Around a quarter of British Indian Sikhs, and half of British Pakistani Muslims have a spouse who migrated to the UK as an adult, making these two of the largest British ethnic groups involved in this kind of transnational marriage.

In recent years, such marriages have increasingly been seen as an obstacle to integration – with suggested implications ranging from poverty to lack of attachment to the UK, and persistent gender inequality. In Britain, as in some other European countries, the demands of integration now also feature in justification for restrictions on spousal immigration, such as the income requirement for sponsors introduced in 2012.

It is surprising to many to learn that the empirical research on relationships between marriage migration and integration has actually been rather limited, and has produced varying results.

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Government reaction to the refugee crisis: humanitarian response or political opportunism?

Ann Singleton, Senior Research Fellow, University of Bristol and consultant to the Global Migration Data Analysis Centre (GMDAC), Berlin

Ann Singleton, Senior Research Fellow, University of Bristol and currently on secondment to the Global Migration Data Analysis Centre (GMDAC), Berlin

Dr Monish Bhatia, Abertay University

Dr Monish Bhatia, Abertay University

Recently the public and media became aware, through one image across Europe (and the world) of the plight of people fleeing for their lives. Within the UK this image produced an awakening after months and years of warnings about the consequences of policy failures, wars and discrimination against migrants. Evidence of the catastrophic failures of UK and EU migration policies, which are based solely on immigration control, borders and ‘security’, have been disbelieved or treated with scepticism by policy makers, officials and many academics.

Repeated reports of deaths in the Mediterranean were ignored or seen as someone else’s problem, the public having been fed a relentless ‘diet’ of poisonous ‘news‘ and rhetoric about migration in general. Institutional racism and discrimination was further embedded as asylum seekers (including children) in the UK were detained, portrayed as troublesome, instead of being welcomed and offered protection. Furthermore, the consequences of austerity are continuously blamed on migrants.

There is a crisis of democracy, as well as policy and a humanitarian crisis, which has been fuelled by the action and inaction of our government.

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Refugee crisis: Ten practical ways to help

How can we respond to the refugee crisis? Ten practical ways.

Dr Naomi Millner is a lecturer in human geography at the University of Bristol. She is also part of Bristol Hospitality Network - an organisation which helps support and house refugees.

Dr Naomi Millner is a lecturer in human geography at the University of Bristol. She is also part of Bristol Hospitality Network – an organisation which helps support and house refugees.

In the past couple of weeks, an issue that has long been an issue has hit a ‘tipping point’ in terms of public awareness. It’s strange when this happens. Suddenly the language of ‘crisis’ proliferates. Suddenly everyone wants to know what they can do to help. Historically, it’s often been images of suffering children that either provoke such tipping points, or channel them to a wider audience.

Perhaps it is the powerlessness of a baby in the face of indifferent natural or political forces that brings this rise out of us. Or perhaps it makes a far-off struggle suddenly feel very near.

Personally, I find it problematic that, first, we are (almost) only moved to action by such images and second, that the action we are moved to is largely motivated by pity or sympathy. I wish we were as easily moved by the struggle or suffering of any person. Still more, sympathy can unwittingly depoliticise what are extremely political situations. If I feel sorry for you and want to help you, I am largely ignoring the fact that I have, and am, part of creating this situation that you are in. Better to be angry, outraged, repentant, about it.

Perhaps it would be better if, for once in our long history, we actually did nothing. But we still want to act. It’s also true that systems, attitudes and policies need to change, if people seeking liveable lives are to be able to do this within our current world. So what will we do? How can we respond?

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Migrants, Expats and the Freedom to Move

Dr Diego Acosta Arcarazo, Lecturer in European Law, Law School

Dr Diego Acosta Arcarazo, Lecturer in European Law, Law School

Given that only 3.2% of the world’s population live outside their country of birth it is remarkable that migration has become such a topic of public debate. Even in those regions where groups of states have granted their citizens freedom to move, like in the EU, the number of people that actually do so remains at the same 3% of the total population. Contrary to popular belief, most people (around 97%) do not move: migration is an exception rather than the rule.

Common misconceptions

This issue of numbers is fertile ground for misconceptions. Usually, the general population vastly overestimates the figures. For example, in 2013, respondents to a survey in the UK guessed the percentage of migrants living in Britain to be 31% when it was in fact 13%. Despite the fact that moving between states is certainly easier in the modern era, the figures of global migration have remained roughly the same during the last 50 years when taken as a percentage of the world’s entire population. Most people still do not move.

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Who’s afraid of Romanians and Bulgarians?

Dr Jon Fox, Senior Lecturer in Sociology, School of Sociology, Politics and International Studies

Dr Jon Fox, Senior Lecturer in Sociology, School of Sociology, Politics and International Studies

On 1 January, restrictions on Romanians and Bulgarians entering the UK were lifted.  Since then – and indeed, even before then – various efforts have been made to place new restrictions on them. There has been talk about capping the number of EU citizens who can come to the UK, extending the seven year period of more general restrictions for Romanians and Bulgarians, and limiting Romanians’ and Bulgarians’ access to benefits in the UK. Why is everyone so afraid of Romanians and Bulgarians? Let’s consider the facts surrounding each of these recent moves.

Firstly, the Tories are considering capping the number of EU migrants entering the UK at 75,000 per year. Under this plan, highly skilled migrants could come to the UK only if they had a job offer, and low skilled migrants would only be allowed to work in sectors where there is a ‘national shortage’. Continue reading