Couples are being subjected to painful separations, uncertainty about their future and financial hardship by the UK’s strict immigration rules, according to our new research.
Between 2014 and 2017, we followed nearly 30 couples where the man had irregular or insecure immigration status in the UK but his partner or children were citizens of Britain or the European Economic Area (EEA). Continue reading →
New evidence suggests that where an asylum seeker ends up in Britain could have a significant impact on the likelihood that they are granted refugee protection, regardless of whether their life is in danger. From an Afghan child fleeing forced recruitment into the Taliban, to a Ugandan lesbian fleeing police violence, geography seems to be affecting the justice process that asylum seekers often depend upon for their safety and their lives. Continue reading →
The UK government’s stance on immigration will likely cost British students their access to Erasmus+. How will UK universities keep their students thinking globally post-Brexit?
As Brexit negotiations gather momentum, the time has arrived when we must consider how we can successfully navigate the next two years. The UK must think about how we will fill the Brussels shaped void, the implications of which will soon start to become clear. It’s a void that will loom large in my professional life as my colleagues and I consider the future of European student mobility without the Erasmus+ programme.
If the results of the referendum caught us by surprise, I’m determined that we will be prepared for any outcome that the negotiations deliver. And, moreover, that along with other stakeholders, we take an active role in helping fill that void and shape it into something that can be a worthy successor to Erasmus. I was recently invited to take part in an excellent workshop “Projecting Bristol and Britain to a Post-Brexit World” organised by Dr Nieves Perez-Solorzano and Professor Michelle Cini from the University of Bristol. This was a good opportunity to start thinking about how we can proactively participate in Brexit discussions and this short piece considers some of those ideas with regards to international student mobility. Continue reading →
The British Home Office has created a bureaucratic nightmare for EU citizens applying for permanent residency. Might there be a better way forward?
According to official figures there are over three million non-UK EU citizens living in the United Kingdom, many of which live in Bristol. Following the referendum of 23 June 2016 and the notification by the UK government to withdraw from the European Union many of those citizens are naturally feeling anxious about Brexit and the future of their rights in this country. What will happen to them once the UK leaves the EU is still unclear. In the Guidelines Following the UK’s Notification under Article 50 TEU adopted on 29 April 2017, the EU 27 recognise that “the United Kingdom’s decision to leave the Union creates significant uncertainties that have the potential to cause disruption”, notably for “[c]itizens who have built their lives on the basis of rights flowing from the British membership of the EU [and] face the prospect of losing those rights”.
Clarifying the status of EU citizens could have been done unilaterally by the British government. It chose not to, however, arguing that the status of UK nationals in EU states also needed to be addressed and reciprocal rights offered. Although the issue was raised in parliament during the debate over the European Union (Notification of Withdrawal) Bill legal uncertainty remains. The European Union has on several occasions stressed that finding a solution to this issue was paramount and needed to be tackled at an early stage of the Brexit negotiations. Indeed as stressed in paragraph eight of the EU 27’s guidelines, “[t]he right for every EU citizen, and of his or her family members, to live, to work or to study in any EU Member State is a fundamental aspect of the European Union”.
This was the main theme of the workshop ‘Bristol in Flux: Suspended Citizenship’ organised by the University of Bristol on 3 April 2017 to which we, as lecturers in EU Law at the University of the West of England and authors of the textbook European Union Law, were invited. One of the subtopics broached at the workshop was the fate of long-term EU residents who seem to be most affected by Brexit. The debate predominantly centred upon two themes of immediate practical relevance: first, the conditions for obtaining a UK status, and second, the processes and practicalities of transforming their EU status into a UK status. Continue reading →
“It’s good to be back home” said one of my friends after we had come back from a two-week holiday abroad. I looked at her not knowing how to respond and just smiled reluctantly. Before Brexit I would have said it too without hesitation, having lived in the UK for over ten years. But I could not share my friend’s excitement. It was three months after the vote.
A couple of days earlier, a Polish man had been killed in, what was believed to be, a hate crime attack. I found out about it from my parents who called me from Poland to check how I was doing and to ask if Bristol was a safe place for me to live. It was the first time they asked me this question since I moved to the UK in 2005. I couldn’t help but feel worried and upset upon my return rather than relieved and happy as my British friends did. Unfortunately, for me it was not so good to be back at not so home anymore.
Brexit questioned my feeling of belonging to British society. I started having doubts if British people had ever accepted me and other EU citizens. Not everyone voted to leave. And of course, not everyone who voted leave is racist or xenophobic. The hate crimes, even though rapidly increased following the EU referendum, are still relatively low in numbers. However, this is not to say that they are insignificant. The death of the Polish migrant was not an isolated incident. Continue reading →
Receiving jobseeker’s allowance isn’t enough for EEA nationals to prove they are looking for work. But if that’s not sufficient, what is?
By J J Ellison (Own work) [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons
Jobseeker’s allowance (JSA) – anyone would be forgiven for thinking this is a descriptive term. An allowance – “a sum of money paid regularly to a person to meet needs or expenses”, as the dictionary terms it – for those seeking (looking for) a job. But according to the Home Office unit which processes applications for permanent residence from EEA citizens, this is not the case. For such applications, being in receipt of jobseeker’s allowance is not evidence of actively seeking work.
Many EEA citizens wishing to secure their status in post-Brexit Britain are applying for permanent residency, an essential step on the path to British citizenship. Immigrants from outside the EEA can usually get permanent residency (‘indefinite leave to remain’) after five years of lawful residence. EEA citizens also become eligible for permanent residence after five years of living in the UK. But although their residence may have been lawful, the government is placing additional barriers in the way of EEA citizens obtaining permanent residence, resulting in a state of ‘suspended citizenship’. Continue reading →
There are a reported three million EU citizens and more than five million non-EU citizenships in Britain. Why aren’t they organising ahead of the election?
Stop Brexit, National march to Parliament. London, UK. 25 March 2017. Ik Aldama/DPA/PA Images. All rights reserved.
The triggering of article 50 on 29 March and the call for snap elections on 18 April 2017 represent the political consolidation of a conservative turn in the national agenda. Both issues also represent the political legitimation of a ‘hard Brexit’ and the correlative defeat of democratic and progressive forces. In almost a year since the referendum, political parties and organised sectors of civil society have been unable to articulate a successful opposition to the conservative turn and the political alignment of the country under the still fragile power of the current government.
In particular for foreigners (EU and non-EU immigrants), this alignment implies the radicalisation of an explicit agenda of reduction and re-evaluation of rights that leaves us without any significant representation in the British side of the negotiations. If the June election represents a new political opportunity, then the challenge is to organise our communities. In this article I would like to suggest some ways a social movement of foreigners might be able to defend the civil rights of immigrants and counterbalance the conservative turn during the Brexit negotiations. Continue reading →
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 →
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.
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?