https://cosmopolismigration.com/2026/02/18/the-detention-and-sale-of-transporters-in-carriers-liability-civil-penalty-law-part-1-detention/https://cosmopolismigration.com/wp-content/uploads/2026/02/carrier1.jpgThe Detention and Sale of Transporters in Carriers’ Liability Civil Penalty Law Part 1: DetentionHome Office immigration powers extend to the detention and sale of transporters. Under statutory warrant there is both civil and criminal jurisdiction in relation to the liability of carriers of persons subject to immigration control who lack the necessary authorisation to lawfully enter the United Kingdom on arrival. Where a civil penalty is imposed and remains unpaid, the Secretary of State has swinging powers to detain a transporter (even one other than the one used that gave rise to the penalty) and, where the penalty remains unpaid, to sell it. 2026-02-18T14:25:35+00:00monthlyhttps://cosmopolismigration.com/2026/02/09/manufacturing-segregation-the-home-office-earned-settlement-proposals/https://cosmopolismigration.com/wp-content/uploads/2026/02/earnedsettlement.jpgManufacturing Segregation – The Home Office ‘Earned Settlement’ proposalsThe Home Office plans to make it more difficult for lawfully present migrants to secure permanent residence in the United Kingdom. Among other things, it plans to do so by penalising those migrants lawfully able to use public funds from actually doing so. Under its proposals in A Fairer Pathway to Settlement – A statement and accompanying consultation on earned settlement (November 2025) 2026-02-10T08:02:51+00:00monthlyhttps://cosmopolismigration.com/2025/10/27/the-italy-albania-protocol-on-collaboration-on-migration-matters-externalisation-and-non-refoulement/https://cosmopolismigration.com/wp-content/uploads/2025/10/img_2205-e1761562119137.jpgThe Italy-Albania Protocol on collaboration on migration matters: externalisation and non-refoulementThe Italy-Albania Protocol concluded in November 2023 is an attempt by Italy to operate an asylum and migration policy off-shore, so that persons subject to Italian immigration control are taken to Albania, for the determination under Italian jurisdiction of their asylum claims and, where applicable, for their expulsion and return elsewhere. For many persons seeking asylum, arrival in Italy (or on an Italian vessel subject to the extra-territorial exercise of Italian jurisdiction on the high seas in the Mediterranean) is their point of entry to the European region. Italy’s establishment of extra-territorial jurisdiction in Albania marks its policy out as substantively different to that attempted by the UK in Rwanda in 2022-2024. How does the Protocol operate and is it compatible with Italy’s legal obligations as regards asylum and non-refoulement? 2025-10-27T10:52:41+00:00monthlyhttps://cosmopolismigration.com/2025/09/25/the-role-of-article-3-and-article-8-echr-in-uk-immigration-policy/https://cosmopolismigration.com/wp-content/uploads/2025/09/img_2534.jpgThe role of Article 3 and Article 8 ECHR in UK immigration policyWhat role do Article 3 and Article 8 of the European Convention on Human Rights (ECHR) play in allowing foreign nationals to enter into and remain in the UK? Is there any basis to consider their role and use improper? Coverage of these issues in the media and in much of what passes for political debate generates more heat than light. 2025-09-25T13:17:34+00:00monthlyhttps://cosmopolismigration.com/2025/09/11/the-echr-and-united-kingdom-international-relations/https://cosmopolismigration.com/wp-content/uploads/2025/09/img_2543-e1757574909672.jpgThe ECHR and United Kingdom international relationsThe ECHR and United Kingdom international relations2025-09-11T07:16:42+00:00monthlyhttps://cosmopolismigration.com/2025/08/27/immigration-civil-penalty-employment-scheme-to-be-extended-to-sub-contractors-agency-workers-and-the-gig-economy-border-security-immigration-and-asylum-bill-2025/https://cosmopolismigration.com/wp-content/uploads/2025/08/civil-penalty-2-e1756280913247.jpgCivil PenaltiesThe immigration status-based civil penalty employment scheme is to be extended beyond employment cases to other work characterised as self-employment. Businesses securing services from individuals by way of sub-contracting, agency work, or in the gig economy need to be prepared. 2025-08-27T07:52:42+00:00monthlyhttps://cosmopolismigration.com/2025/06/17/progressive-realism-labours-approach-to-international-law-and-foreign-policy/https://cosmopolismigration.com/wp-content/uploads/2025/06/progressiverealism.jpgProgressiveRealismThe United Kingdom’s Labour government has defined its approach to international law as it applies in the context of UK foreign policy. It is called ‘progressive realism’. 2025-06-18T06:26:17+00:00monthlyhttps://cosmopolismigration.com/citizens-rights-under-the-withdrawal-agreement-the-complete-guide/https://cosmopolismigration.com/wp-content/uploads/2021/02/waguide.jpgCitizens' Rights under the Withdrawal Agreement: Complete GuideCitizens' Rights under the UK's EU Withdrawal Agreement: Complete Guide2024-09-01T14:08:43+00:00weekly0.6https://cosmopolismigration.com/2020/08/03/charging-eu-citizens-for-uk-nhs-healthcare-legal-rights-before-and-after-brexit/https://cosmopolismigration.com/wp-content/uploads/2020/08/oip.jpgCharging EU Citizens for UK NHS Healthcare: legal rights before and after BrexitEntitlement to free UK NHS healthcare underpins the lives lead by EU Citizens (and their family members) in the UK. Unless EU Citizens can access NHS healthcare free when needed, the peace of mind and security of knowing they will be cared for where they fall victim to illness or injury is undermined. What is the position for EU Citizens who are in the UK before the end of the Brexit transition period (31 December 2020)? 2024-09-01T14:06:54+00:00monthlyhttps://cosmopolismigration.com/2024/07/09/home-office-policy-of-pausing-euss-applications-where-there-is-a-pending-prosecution-ruled-unlawful/https://cosmopolismigration.com/wp-content/uploads/2024/07/img_0407-1541867573-e1720523756362.jpgHome Office policy of pausing EUSS applications where there is a pending prosecution ruled unlawfulIn a judgment handed down on 26 June 2024 in R(Krzysztofik) v Secretary of State for the Home Department, the Upper Tribunal held that the Home Office’s policy, found in EU Settlement Scheme: suitability requirements, of pausing an EUSS application for leave to remain where an applicant has a pending prosecution is unlawful.2024-07-10T10:13:21+00:00monthlyhttps://cosmopolismigration.com/2024/03/20/the-safety-of-rwanda-asylum-and-immigration-bill-in-reality/https://cosmopolismigration.com/wp-content/uploads/2024/03/img_1905.jpgThe Safety of Rwanda (Asylum and Immigration) Bill in RealityThe Safety of Rwanda (Asylum and Immigration) Bill in Reality https://cosmopolismigration.com/wp-content/uploads/2024/03/crown-1350155748-e1710932790263.jpgThe Safety of Rwanda (Asylum and Immigration) Bill in RealityBy the Safety of Rwanda (Asylum and Immigration) Bill, Parliament seeks to declare Rwanda safe for asylum-seekers so that they can be transferred there from the United Kingdom. In so doing it seeks to oust the role of the judiciary in adjudicating both upon individual challenges to the lawfulness of the immigration decisions to transfer asylum seekers to Rwanda and upon the generic risks arising. The Bill eliminates judicial consideration of the risk of harm of onward refoulement from Rwanda to an asylum-seeker’s home state, even thought that state is said by that person to be a place where there are at risk of persecution. 2024-03-24T19:23:31+00:00monthlyhttps://cosmopolismigration.com/2023/07/12/the-illegal-migration-bill-the-interim-remedies-clause-and-the-rule-of-law/https://cosmopolismigration.com/wp-content/uploads/2023/07/unionjack-3521932268-e1689146086760.jpgThe Interim Remedies clause: The case to keep it out of the Illegal Migration BillThe Interim Remedies clause was omitted from the Illegal Migration Bill in a vote on an amendment in the House of Lords at Report stage. To uphold the constitutional principle of the rule of law, the Lords must resist its re-inclusion into the Bill by the Commons. 2023-07-12T07:18:43+00:00monthlyhttps://cosmopolismigration.com/2023/06/02/the-illegal-migration-bill-lessons-from-privy-council-commonwealth-cases-on-the-separation-of-powers-principle/https://cosmopolismigration.com/wp-content/uploads/2023/06/commonwealth-836387851-e1685691778886.jpgThe Illegal Migration Bill: Lessons from Privy Council Commonwealth cases on the Separation of Powers principleIn the Illegal Migration Bill the Home Office is asking Parliament to enact measures that breach the principle of the separation of powers in prohibiting judicial restraint of potentially unlawful Home Office conduct pending judicial review. MPs and Peers ought to consider whether to remove those provisions so that they do not stand part of the Bill. They should remove the offending provisions now to preserve the integrity of the UK’s constitutional order as a democratic state. Lessons from Commonwealth countries with similar political and legal traditions point out the way ahead.2023-06-02T14:22:46+00:00monthlyhttps://cosmopolismigration.com/2023/05/23/the-illegal-migration-bill-breach-of-the-separation-of-powers-principle/https://cosmopolismigration.com/wp-content/uploads/2023/05/img_8040.jpgThe Illegal Migration Bill: Breach of the Separation of Powers principleMuch has been said about the incompatibility of provisions in the Illegal Migration Bill with the treaty-based rights of asylum seekers looking to secure Refugee status. Too little has been said about the way in which the Bill’s provisions interfere with the role of judges as the judicial branch of government. 2023-05-23T15:35:59+00:00monthlyhttps://cosmopolismigration.com/2023/04/01/the-illegal-migration-bill-interim-measures-from-the-european-court-of-human-rights/https://cosmopolismigration.com/wp-content/uploads/2023/04/interimme-4212009057-e1680338965237.jpgThe Illegal Migration Bill: Interim Measures from the European Court of Human RightsThe Illegal Migration Bill contains provisions, the use of which would frustrate the effect of interim measures from the European Court of Human Rights (ECtHR) in Strasbourg. In practice this means that such interim measures would have limited or perhaps no legal effect in stopping the Home Secretary removing from the UK persons subject to immigration control, including those seeking asylum. This is no need for this measure. 2023-04-01T08:51:18+00:00monthlyhttps://cosmopolismigration.com/2023/03/24/windrush-commonwealth-citizen-children-arriving-in-the-uk-prior-to-1973/https://cosmopolismigration.com/wp-content/uploads/2023/03/wrchildren.jpgWindrush ChildrenThe Windrush generation who came to the UK as children prior to 1 January 1973 often have problems proving their UK arrival, and thereafter status prior to that date, when seeking to regularise their status in the UK or when seeking compensation under the Windrush Compensation Scheme for ill-treatment at the hands of the Home Office. Some of these problems are specific to their status as minor children on arrival and thereafter when in-country. As such, they deserve discrete consideration. The most problem important is tracing status against the development of UK immigration control of Commonwealth citizens from 1962 onwards.2023-03-24T10:53:39+00:00monthlyhttps://cosmopolismigration.com/2023/03/20/entry-settlement-and-citizenship-in-the-illegal-migration-bill/https://cosmopolismigration.com/wp-content/uploads/2023/03/img_6087.jpgIllegal Migration Bill: Entry, Settlement, and CitizenshipIllegal Migration Bill: Entry, Settlement, and Citizenship. The proposed measures lock out certain people including children, present in the UK, from securing lawful re-entry, residence, and/or citizenship. They dovetail with the proposed duty on the Home Secretary to remove certain people from the UK. The narrow exceptions or saving provisions come no-where near rescuing those affected from breaches of their fundamental rights. 2023-03-20T13:27:51+00:00monthlyhttps://cosmopolismigration.com/2023/03/10/windrush-leaving-the-uk-before-2000-the-problem-of-lapsing-leave/https://cosmopolismigration.com/wp-content/uploads/2023/03/windrush.jpgWindrush: leaving the UK before 2000, the problem of lapsing leaveThe past was a different place. People did things differently. Even the Home Secretary. That matters when members of the Windrush generation seek to regularise their status or seek compensation for past wrongs. There is a common mistake at large that when a person left the UK for more than two years, their indefinite leave lapsed. That might be true today but it was not always true in the past. 2023-03-10T14:30:27+00:00monthlyhttps://cosmopolismigration.com/2022/01/16/human-rights-at-sea-italian-lessons-for-the-uk-on-jurisdiction-in-a-s-d-i-o-i-and-g-d-v-italy/https://cosmopolismigration.com/wp-content/uploads/2022/01/sar.jpgHuman Rights at Sea: Italian Lessons for the UK on Jurisdiction in A.S., D.I., O.I. and G.D. v ItalyThe UN Human Rights Committee gave judgment on extra-territorial jurisdiction in international waters in A.S., D.I., O.I. and G.D. v Italy. The case has lessons for the UK as it seeks to extend its maritime enforcement activities beyond UK territorial waters in the English Channel and engage in push-back operations in foreign and international waters. 2022-01-17T08:19:25+00:00monthlyhttps://cosmopolismigration.com/2021/12/08/age-assessment-provisions-in-the-nationality-and-borders-bill/https://cosmopolismigration.com/wp-content/uploads/2021/12/age-assessments-.jpgAge AssessmentsBy clauses 48 to 56 in Part 4 of the Nationality and Borders Bill, the Home Office seeks to regulate the process of age assessments that determine whether or not a person subject to immigration control is a minor child. It seeks to so regulate not only for itself but also for local authorities who have social service departments. It also seeks to displace any legal remedy from the Courts into the First-tier Tribunal and to make provision for the type of evidence that is gathered and how it is to be considered. The proposals are not well-thought through and should be omitted from the Bill.2021-12-08T12:39:19+00:00monthlyhttps://cosmopolismigration.com/2021/10/05/crimes-of-arrival-in-the-nationality-and-borders-bill/https://cosmopolismigration.com/wp-content/uploads/2021/10/arrival.jpgCrimes of Arrival in the Nationality and Borders BillThe Nationality and Borders Bill further criminalises people coming to the UK to seek asylum. It does so by switching the emphasis from ‘entering’ the UK to ‘arriving’ in the UK. The difference is significant. Together with a combination of other powers, it means that people can be stopped from crossing the English Channel in small boats and turned away for criminal behaviour. If by luck they land on the English coastline, they can be prosecuted. But many such people will be asylum seekers, with a right to come to the UK and seek asylum. The proposal ignores the provision of the Refugee Convention (Article 31) that prohibits penalties being imposed on Refugees who enter or are present in a country without authorisation. The result is incompatible with UK international commitments. 2021-10-22T14:10:15+00:00monthlyhttps://cosmopolismigration.com/2021/10/21/removing-asylum-seekers-under-the-nationality-and-borders-bill-the-legal-foundation-for-off-shore-processing/https://cosmopolismigration.com/wp-content/uploads/2021/10/off-shore.jpgRemoving Asylum-Seekers under the Nationality and Borders Bill: the Legal Foundation for Off-shore ProcessingThe Nationality and Borders Bill makes provision for people claiming asylum to be removed from the UK without determination of those claims. The provision works in harness with the provision made also to enable asylum claims to be declared inadmissible. The proposed powers to remove asylum seekers will lead to cases where rights that the UK is bound to protect under the Refugee Convention and the European Convention on Human Rights (ECHR) are violated or are at risk of violation. How do these provisions work?2021-10-21T11:24:38+00:00monthlyhttps://cosmopolismigration.com/2021/10/20/3rd-country-rules-on-the-inadmissibility-of-asylum-claims-in-the-nationality-and-borders-bill/https://cosmopolismigration.com/wp-content/uploads/2021/10/3rdc-e1634735266975.jpg3rd Country Rules on the Inadmissibility of Asylum Claims in the Nationality and Borders BillOrdinarily, a person who makes an asylum claim (that is, a claim that to require them to leave the UK would breach obligations under the Refugee Convention) has a right to have that claim determined in the UK and a right to an onward appeal to the First-tier Tribunal against a refusal of that claim. In limited circumstances, where rights are fully protected, the UK’s international obligations under the Refugee Convention may not be breached if an asylum claim is declared inadmissible on the basis that a person would be safe in a third country. However the proposals in the Nationality and Borders Bill exceed permissible limits. 2021-10-20T13:11:31+00:00monthlyhttps://cosmopolismigration.com/2021/10/17/the-home-office-rejects-the-duty-of-rescue-by-proposing-amendments-to-its-nationality-and-borders-bill/https://cosmopolismigration.com/wp-content/uploads/2021/10/abandon.jpgThe Home Office Rejects the Duty of Rescue by Proposing Amendments to its Nationality and Borders BillBy its Nationality and Borders Bill, through new maritime enforcement powers, the Home Office seeks to extend its activity, beyond the United Kingdom territory, beyond UK territorial waters, and into international waters and into foreign waters, see Clause 41 and Schedule 5. In so doing it seeks powers to stop, board, divert, and detain foreign ships and ships without nationality (i.e. small boats) crossing the English Channel carrying people seeking asylum. Now, by amendments laid at the Committee Stage of the Bill in the House of Commons, the Home Office seeks to remove a vital safeguard in the Bill that ensures compliance with the duty of rescue where people are in danger of harm or loss of life in such operations. 2021-10-19T10:43:22+00:00monthlyhttps://cosmopolismigration.com/2021/10/16/migrant-injustice-the-cart-judicial-review-proposal-in-the-judicial-review-and-courts-bill/https://cosmopolismigration.com/wp-content/uploads/2021/10/senecca-e1634395763298.jpgMigrant Injustice: The ‘Cart’ Judicial Review Proposal in the Judicial Review and Courts BillCart Judicial Reviews (‘JRs’) are High Court applications for judicial review of decisions of the Upper Tribunal to refuse permission to appeal against a decision of the First-Tier Tribunal. Principally, they arise in relation to immigration appeals that concern appeals on asylum and human rights grounds from decisions made by the Home Secretary. The Judicial Review and Courts Bill proposes to oust the jurisdiction of the High Court from such decisions and end its role as the guarantor of the rule of law in that regard. What is going on? 2021-10-16T14:51:10+00:00monthlyhttps://cosmopolismigration.com/2021/09/29/the-prohibition-on-making-asylum-claims-in-uk-territorial-waters-in-the-nationality-and-borders-bill/https://cosmopolismigration.com/wp-content/uploads/2021/09/designatedplace.jpgThe Prohibition on Making Asylum Claims in UK Territorial Waters in the Nationality and Borders BillThe Devil is in the detail, hiding in plain sight. Clause 12 of the Nationality and Borders Bill requires an asylum claim to be made at a designated place. Although some places may be designated later by regulations, all the places designated on the face of the Bill are on the territory or landmass of the United Kingdom. However, the UK territorial sea is excluded from being a place where a Home Office Immigration Officer is authorised to accept an asylum claim. Why prohibit asylum claims being made in UK territorial waters? 2021-09-29T18:08:38+00:00monthlyhttps://cosmopolismigration.com/2021/09/24/nationality-and-borders-bill-ilpas-evidence-to-the-house-of-commons-public-bill-committee/https://cosmopolismigration.com/wp-content/uploads/2021/09/pbc.pngNationality and Borders Bill: ILPA's evidence to the House of Commons Public Bill CommitteeA Public Bill Committee of the House of Commons heard evidence on the Nationality and Borders Bill on 23 September 2021. I gave evidence for the Immigration Law Practitioners' Association (ILPA) on the impact and and effect of its provisions, alongside Patricia Durr from Every Child Protected Against Trafficking (ECPAT) and Patrícia Cabral of the European Network on Statelessness. 2021-09-24T05:59:42+00:00monthlyhttps://cosmopolismigration.com/2021/09/21/lawyers-under-pressure-costs-orders-and-charge-orders-in-the-nationality-and-borders-bill/https://cosmopolismigration.com/wp-content/uploads/2021/09/lawyers-e1632209630206.jpgLawyers under Pressure: Costs Orders and Charge Orders in the Nationality and Borders BillThe Nationality and Borders Bill (clauses 62 and 63) will make it harder for lawyers acting for people with immigration cases to do their job in immigration tribunal hearings. Lawyers are not always well regarded; in some circles, immigration lawyers less so. But they fulfil a key role in enabling access to the courts and therefore access to justice, so that a person who is the subject of an immigration decision may make their case properly and seek vindication. 2021-09-21T07:35:14+00:00monthlyhttps://cosmopolismigration.com/2021/09/19/priority-removal-notices-the-return-of-the-ouster-clause-in-the-nationality-and-borders-bill/https://cosmopolismigration.com/wp-content/uploads/2021/09/ouster.jpgPriority Removal Notices: The Return of the Ouster Clause in the Nationality and Borders BillOnce again, this time in the Nationality and Borders Bill, the Home Office seeks to oust the jurisdiction of Senior Courts from considering an appeal from a first-instance immigration tribunal decision. Its last substantial attempt to do so was the ouster clause it sought unsuccessfully to introduce to the Asylum and Immigration (Treatment of Claimants, etc.) Bill in the 2003-2004 session of Parliament. At that time, it sought to oust statutory appeals and also the jurisdiction of the High Court on Judicial Review. This time the effort is focused on solely on statutory appeals and is an attempt to exclude appeals to the Court of Appeal. It is still wrong. 2021-09-20T10:13:24+00:00monthlyhttps://cosmopolismigration.com/2021/09/16/international-legal-obligations-that-cut-across-uk-maritime-enforcement-provisions-in-the-nationality-and-borders-bill/2021-09-16T08:28:47+00:00monthlyhttps://cosmopolismigration.com/2021/09/15/in-the-footsteps-of-sir-francis-drake-home-office-plans-for-the-seas-in-the-nationality-and-borders-bill/https://cosmopolismigration.com/wp-content/uploads/2021/09/maritime-enforecement.jpgIn the Footsteps of Sir Francis Drake: Home Office Plans for the Seas in the Nationality and Borders BillBy its Nationality and Borders Bill, through new maritime enforcement powers, the Home Office seeks to extend its activity, beyond the United Kingdom territory, beyond UK territorial waters, and into international waters and into foreign waters. In so doing it seeks powers to stop, board, divert, and detain foreign ships and ships without nationality. 2021-09-15T17:53:35+00:00monthlyhttps://cosmopolismigration.com/2021/09/11/equal-treatment-social-security-and-human-rights-learning-from-o-d-and-others-v-istituto-nazionale-della-previdenza-sociale-inps/2021-09-11T13:02:42+00:00monthlyhttps://cosmopolismigration.com/2021/09/06/passport-orders-in-civil-litigation-consequences-for-immigration-control-and-human-rights/https://cosmopolismigration.com/wp-content/uploads/2021/09/passport-orders.jpgpassport ordersA passport order can be made at certain points in civil litigation. A litigant may be forced to surrender their passport, so as to prevent them from leaving the UK. But what happens if they then overstay any immigration permission to remain in the UK as they are unable to travel? Might they be prosecuted for an immigration-related criminal offence? And what about the impact of such a restriction on their liberty and movement? Is there a violation of their fundamental rights? 2021-09-06T09:05:25+00:00monthlyhttps://cosmopolismigration.com/2021/06/14/lessons-from-italy-the-detention-of-irregular-migrants-and-their-human-rights-during-the-covid-pandemic/https://cosmopolismigration.com/wp-content/uploads/2021/06/monreale.jpgLessons from Italy: The Detention of Irregular Migrants and their Human Rights during the COVID pandemicHow has COVID affecting the detention of irregular migrants? How are their human rights protected? The response of the Italian authorities to the Khalifa v Italy judgment of the European Court of Human Rights shows that changing public policy priorities can lead to new risks of unlawful detention and breaches of human rights. 2021-06-14T08:03:21+00:00monthlyhttps://cosmopolismigration.com/2021/03/02/after-brexit-the-fate-of-self-employed-people-under-the-eu-uk-trade-and-cooperation-agreement-artists-journalists-lawyers-etc/https://cosmopolismigration.com/wp-content/uploads/2021/03/self_employed.jpgAfter Brexit: The Fate of Self-Employed people under the EU-UK Trade and Cooperation Agreement: Artists, Journalists, Lawyers, etc.If you are a self-employed EU citizen seeking to come to work in the UK, or a British citizen wishing to work in the EU, what does the EU-UK Trade and Co-operation Agreement (applying to those who seek to move from 2021 onwards) do for you? You might be an artist, a journalist, or a lawyer. You might wish to come for a short while and provide a service. Or come and establish yourself, so you can work and reside. What does the Agreement do for you? 2021-03-02T15:48:19+00:00monthlyhttps://cosmopolismigration.com/2021/02/26/webinar-after-brexit-how-to-use-retained-eu-law-in-your-public-law-practice-from-2021-onwards/https://cosmopolismigration.com/wp-content/uploads/2021/02/download.jpgAfter Brexit: How to use retained EU law in your Public Law practice from 2021 onwardsdownloadAfter Brexit: How to use retained EU law in your Public Law practice from 2021 onwards2021-02-26T12:26:59+00:00monthlyhttps://cosmopolismigration.com/2021/02/12/webinar-using-the-un-global-compact-for-safe-orderly-and-regular-migration-as-an-interpretative-tool-for-legal-practitioners/https://cosmopolismigration.com/wp-content/uploads/2021/02/unknown-39.jpegWebinar: Using the UN Global Compact for Safe, Orderly and Regular Migration as an Interpretative Tool for legal practitioners Queen Mary, University of London (QMUL), Seminar SeriesThis Webinar, to which I contribute, shows how the UN Global Compact for Safe, Orderly and Regular Migration can be used as an interpretative tool by legal practitioners 2021-02-13T11:20:06+00:00monthlyhttps://cosmopolismigration.com/2021/01/30/worker-rights-and-self-employment-rights-under-the-uks-eu-withdrawal-agreement/https://cosmopolismigration.com/wp-content/uploads/2021/01/emprights.jpgWorker Rights and Self-Employment Rights under the UK’s EU Withdrawal AgreementThe UK’s EU Withdrawal Agreement contains important protections for EU Citizens and UK Nationals, and their family members of any nationality, as regards work and self-employment. What are these rights and how far do they extend?2021-01-30T15:28:01+00:00monthlyhttps://cosmopolismigration.com/2021/01/28/working-in-the-eu-after-brexit-immigration-issues-for-barristers-from-2021/https://cosmopolismigration.com/wp-content/uploads/2021/01/0029man-themis-e1611858149118.jpgWorking in the EU after Brexit: Immigration Issues for Barristers from 2021Topics covered: Short-term business visits to EU states; Court hearings, arbitrations, and advisory work; Collecting fees from clients based overseas; Visa requirements; Frontier working under the Withdrawal Agreement; Longer visits as independent professionals; Establishment and residency; Practice in relation to the Republic of Ireland; and Health insurance 2021-01-28T18:25:07+00:00monthlyhttps://cosmopolismigration.com/2021/01/24/non-discrimination-and-equal-treatment-under-the-uks-eu-withdrawal-agreement/https://cosmopolismigration.com/wp-content/uploads/2021/01/equality-.jpgNon-discrimination and Equal Treatment for EU Citizens under the UK’S EU Withdrawal AgreementThe UK’s EU Withdrawal Agreement contains both non-discrimination and equal treatment provisions, as regards those who fall within the scope of the Citizens’ Rights protection afforded by the Agreement. How do these provisions work?2021-01-24T22:44:22+00:00monthlyhttps://cosmopolismigration.com/2021/01/17/donald-trump-is-free-to-become-a-british-citizen/https://cosmopolismigration.com/wp-content/uploads/2021/01/image.jpgDonald Trump is free to become a British CitizenNothing stands in the way of US President Donald Trump becoming a British citizen and starting a new life in the UK. If he does so, he will enjoy the right to come and go freely from the UK, live and work here without restriction, and enjoy the all the benefits British citizenship confers. A new life beckons. How is it that Mr Trump is so entitled? And given that he is so entitled, what clouds blot his blue sky?2021-01-25T12:25:24+00:00monthlyhttps://cosmopolismigration.com/2021/01/10/auto-draft/https://cosmopolismigration.com/wp-content/uploads/2021/01/safeguards.jpgSafeguards and Rights of Appeal under the UK’s EU Withdrawal AgreementWhat safeguards apply in the respect of a decision by a host state (the UK or an EU state), as the case may be) that restricts the movement and residence rights of those protected by the Withdrawal Agreement? Under Article 21 of the Agreement, provision for safeguards is made by reference to the free movement Directive (2004/38/EC). How does this work under the Withdrawal Agreement? 2021-01-10T17:33:12+00:00monthlyhttps://cosmopolismigration.com/2021/01/06/the-poverty-of-ambition-mobility-and-migration-in-the-uks-eu-trade-and-co-operation-agreement/https://cosmopolismigration.com/wp-content/uploads/2021/01/povertyambition.jpgThe Poverty of Ambition: Mobility and Migration in the UK’s EU Trade and Co-operation AgreementIt did not have to be this way. Despite Brexit and the avowed ambition of the Johnson administration to end free movement, there was plenty of scope for the UK and the EU to conclude a deal that made generous provision for migration and mobility for work, study, and service supply. The Treaty should have been so much better. 2021-01-06T10:43:19+00:00monthlyhttps://cosmopolismigration.com/2020/12/03/restrictions-on-rights-of-residence-and-entry-under-the-uks-eu-withdrawal-agreement/https://cosmopolismigration.com/wp-content/uploads/2020/12/restricresidence.jpgRestrictions on Rights of Residence and Entry under the UK’s EU Withdrawal AgreementEU Citizens, UK Nationals, their family members, and other persons protected by the Withdrawal Agreement have rights entry and residence from the host state in which they reside.What restrictions on ground of conduct, fraud, or abuse of rights, may be lawfully imposed on these rights of entry and residence? 2020-12-03T15:54:34+00:00monthlyhttps://cosmopolismigration.com/2020/12/02/residence-documents-issued-during-the-uks-eu-withdrawal-agreement-brexit-transition-period-ending-31-december-2020/https://cosmopolismigration.com/wp-content/uploads/2020/12/residecnetrans.jpgResidence Documents issued during the UK’s EU Withdrawal Agreement Brexit Transition Period (ending 31 December 2020)Applications for residence status and for a residence document during the Brexit transition period ending on 31 December 2020 have a peculiar status and create certain effects after the end of that period. A state may choose to make Citizens’ Rights of residence under the Withdrawal Agreement subject to the person concerned applying for residence status and a residence document. Where a state (such the UK) chooses to do so, in implementing that choice certain general difficulties may arise. In addition, certain service standards apply. There are also question as to how to prove entitlement to residence status and residence documents. But what of the status of decisions made and documents issued during the Brexit transition period? 2020-12-02T10:16:47+00:00monthlyhttps://cosmopolismigration.com/2020/11/29/residence-documents-under-the-uks-eu-withdrawal-agreement-proving-entitlement/https://cosmopolismigration.com/wp-content/uploads/2020/11/residence3.jpgResidence Documents under the UK’s EU Withdrawal Agreement: Proving EntitlementA state may choose to make Citizens’ Rights of residence under the Withdrawal Agreement subject to the person concerned applying for residence status and a residence document. Where a state (such the UK) chooses to do so, in implementing that choice certain general difficulties may arise. In addition, certain service standards apply, But what about proving entitlement to Residence Documents? What are the requirements? 2020-11-29T12:08:03+00:00monthlyhttps://cosmopolismigration.com/2020/11/24/residence-documents-under-the-uks-eu-withdrawal-agreement-service-standards/https://cosmopolismigration.com/wp-content/uploads/2020/11/residencerights2-e1606254999911.jpgResidence Documents under the UK’s EU Withdrawal Agreement: Service StandardsA state may choose to make Citizens’ Rights of residence under the Withdrawal Agreement subject to the person concerned applying for residence status and a residence document. Where a state (such the UK) chooses to do so, in implementing that choice certain general difficulties may arise. But what about the service standards that the state is subject to in the domestic implementation of the scheme? Under what constraints does it operate?2020-11-24T21:58:56+00:00monthlyhttps://cosmopolismigration.com/2020/11/22/residence-documents-under-the-uks-eu-withdrawal-agreement-difficulties-arising/https://cosmopolismigration.com/wp-content/uploads/2020/11/residencerightsjpg-e1606089755403.jpgResidence Documents under the UK’s EU Withdrawal Agreement: Difficulties ArisingUnder the UK’s EU Withdrawal Agreement certain EU Citizens, UK Nationals, and family members and other persons enjoy rights of residence in a host state. A state that applies the Withdrawal Agreement need not require Citizens’ Rights beneficiaries to apply for a new residence status and obtain a residence document but many, including the UK, do so require. For anyone required to apply for a new status and obtain such a document it will be the local scheme (in the UK, Italy, France, etc.) that matters in the first instance. But what does the Withdrawal Agreement itself provide and is the UK scheme compatible? 2020-11-22T23:57:26+00:00monthlyhttps://cosmopolismigration.com/2020/11/17/the-right-of-permanent-residence-under-the-uks-eu-withdrawal-agreement/https://cosmopolismigration.com/wp-content/uploads/2020/11/permanentres-e1605653908791.jpgThe Right of Permanent Residence under the UK’s EU Withdrawal AgreementThe UK’s EU Withdrawal Agreement makes provision for EU Citizens, UK Nationals and their family members who have resided in the UK (EU Citizens and family members) or an EU state (UK Nationals and family members) in accordance with the Citizens Rights part of the Agreement to acquire the right of permanent residence. How does it work? 2020-11-17T22:59:23+00:00monthlyhttps://cosmopolismigration.com/2020/11/14/rights-of-exit-and-entry-under-the-uks-eu-withdrawal-agreement/https://cosmopolismigration.com/wp-content/uploads/2020/11/entry.jpgRights of Exit and Entry under the UK’s EU Withdrawal AgreementWithdrawal Agreement rights of residence for EU Citizens (in the UK) and UK Nationals (in an EU State) would be incomplete if such persons could not come and go freely. Absent EU free movement rights, only British citizens and certain Commonwealth citizens have the right to enter and leave the UK. All other non-nationals (aliens) require permission to enter and to leave. The Withdrawal Agreement creates rights of entry and exit for those who have residence rights under the Agreement. In what way is provision made? 2020-11-14T14:52:11+00:00monthlyhttps://cosmopolismigration.com/2020/11/02/the-residence-rights-of-family-members-who-are-not-eu-citizens-and-not-uk-nationals-so-called-third-country-national-family-members-under-the-withdrawal-agreement/https://cosmopolismigration.com/wp-content/uploads/2020/11/noneuresfam.jpgThe Residence Rights of Family Members who are not EU Citizens and not UK Nationals (so-called third country national family members) under the Withdrawal AgreementOnly certain Family Members who are not EU Citizens and not UK Nationals (i.e. so-called third-country family members) present in the UK or an EU member state (as the case may be) before the end of the Brexit transition period (31 December 2020) have residence rights protected by the UK’s EU Withdrawal Agreement (Article 13(3)). While local schemes to give effect to the Withdrawal Agreement (such as the UK’s EU Settlement Scheme (EUSS)) may be more generous in some respects as regards the classes of people who are given permission to reside, it remains important to identify who unambiguously falls with the personal scope of the Withdrawal Agreement and attracts residence rights. 2020-11-02T22:17:42+00:00monthlyhttps://cosmopolismigration.com/2020/11/01/the-residence-rights-of-family-members-who-are-eu-citizens-and-uk-nationals-under-the-withdrawal-agreement/https://cosmopolismigration.com/wp-content/uploads/2020/11/eucfamily.jpgThe Residence Rights of Family Members who are EU Citizens and UK Nationals under the Withdrawal AgreementOnly certain Family Members who are EU Citizens and UK Nationals present in the UK or an EU member state (as the case may be) before the end of the Brexit transition period (31 December 2020) have residence rights protected by the UK’s EU Withdrawal Agreement (Article 13(2)). While local schemes to give effect to the Withdrawal Agreement (such as the UK’s EU Settlement Scheme (EUSS)) may be more generous in some respects as regards the classes of people who are given permission to reside, it remains important to identify who unambiguously falls with the personal scope of the Withdrawal Agreement and attracts residence rights. 2020-11-01T23:12:06+00:00monthlyhttps://cosmopolismigration.com/2020/10/30/the-residence-rights-of-eu-citizens-and-uk-nationals-under-the-withdrawal-agreement/https://cosmopolismigration.com/wp-content/uploads/2020/10/residenceright.jpgThe Residence Rights of EU Citizens and UK Nationals under the Withdrawal AgreementOnly certain EU Citizens and UK Nationals present in the UK or an EU member state (as the case may be) before the end of the Brexit transition period (31 December 2020) have residence rights protected by the UK’s EU Withdrawal Agreement (Article 13(1)). While local schemes to give effect to the Withdrawal Agreement (such as the UK’s EU Settlement Scheme (EUSS)) may be more generous in some respects as regards the classes of people who are given permission to reside, it remains important to identify who unambiguously falls with the personal scope of the Withdrawal Agreement and attracts residence rights. 2020-10-30T21:40:00+00:00monthlyhttps://cosmopolismigration.com/2020/10/29/key-concepts-in-determining-the-scope-of-citizens-rights-in-the-withdrawal-agreement-continuity-of-residence-and-non-discrimination/https://cosmopolismigration.com/wp-content/uploads/2020/10/keyconceptsjpg.jpgKey Concepts in determining the scope of Citizens’ Rights in the Withdrawal Agreement: Continuity of Residence and Non-DiscriminationAs regards Citizens’ Rights, the personal scope of the Withdrawal Agreement extends to EU Citizens and UK Nationals, Frontier Workers, Direct Family Members and Indirect Family Members. In order to determine who falls within the scope of these provisions and in order to protect them when they do, the Withdrawal Agreement contains provisions for Continuity of Residence and Non-Discrimination. How do these provisions work? 2020-10-29T22:21:53+00:00monthlyhttps://cosmopolismigration.com/2020/10/28/family-reunion-rights-for-eu-citizens-and-uk-nationals-under-the-uks-eu-withdrawal-agreement-indirect-family-members/https://cosmopolismigration.com/wp-content/uploads/2020/10/efm-e1603925320192.jpgFamily Reunion Rights for EU Citizens and UK Nationals under the UK’s EU Withdrawal Agreement: Indirect Family MembersOnly certain EU Citizens and UK Nationals fall within the scope of the UK’s EU Withdrawal Agreement. Those that do, bring certain family members within scope. Such family members are divided into two classes: (i) those who rights arise automatically by operation of law (direct family members; e.g. parents, children), and (ii) those other family members who have right to apply for and secure a decision on their right to entry and residence (indirect family members; e.g. aunts, nephews, unmarried partners, etc.). This post is solely concerned with indirect family members. Who are they? 2020-10-28T22:50:22+00:00monthlyhttps://cosmopolismigration.com/2020/10/11/uk-provision-for-eu-frontier-workers-protected-by-the-withdrawal-agreement/https://cosmopolismigration.com/wp-content/uploads/2020/10/ukfrontierjpg.jpgUK Provision for EU Frontier Workers protected by the Withdrawal AgreementThe UK’s EU Withdrawal Agreement makes provision for frontier workers who move back and forth between the EU and the UK before the end of the Brexit transition period (31 December 2020). Frontier workers live in one country and work in at least one other. When the Brexit transition period ends on 31 December 2020 free movement between the UK and EU member states ends. How has the UK given effect to those rights and what problems arise in the domestic transposition? Is the provision made by the UK compatible with the Withdrawal Agreement and with EU law. 2020-10-11T12:07:53+00:00monthlyhttps://cosmopolismigration.com/2020/10/04/frontier-workers-in-the-uk-and-the-eu-after-brexit-rights-under-the-withdrawal-agreement/https://cosmopolismigration.com/wp-content/uploads/2020/10/frontierworkers-e1601808841313.jpgFrontier Workers in the UK and the EU after Brexit: Rights under the Withdrawal AgreementFrontier Workers live in one EU member state and work in at least one other. When Brexit transition period ends on 31 December 2020 free movement between the UK and EU member states ends. What happens to those frontier workers who, for example, live in France or Belgium and work in the UK (or vice versa)? How are their rights protected under the Withdrawal when domestic immigration rules replace the EU movement regime from 2021? 2020-10-04T10:51:46+00:00monthlyhttps://cosmopolismigration.com/2020/09/27/family-reunion-rights-for-eu-citizens-and-uk-nationals-under-the-uks-eu-withdrawal-agreement-direct-family-members/https://cosmopolismigration.com/wp-content/uploads/2020/09/directfamily-e1601214453635.jpgFamily Reunion Rights for EU Citizens and UK Nationals under the UK’s EU Withdrawal Agreement: Direct Family MembersOnly certain EU Citizens and UK Nationals fall within the scope of the UK’s EU Withdrawal Agreement. Those that do bring certain family members within scope. Who are those family members?2020-09-27T13:43:00+00:00monthlyhttps://cosmopolismigration.com/2020/09/20/the-personal-scope-of-the-uks-eu-withdrawal-agreement-the-principal-beneficiaries-of-citizens-rights/https://cosmopolismigration.com/wp-content/uploads/2020/09/personal-scope.jpgThe Personal Scope of the UK’s EU Withdrawal Agreement: The Principal Beneficiaries of Citizens’ RightsOnly certain UK Nationals and EU Citizens fall within the personal scope of the Withdrawal Agreement as regards Citizens’ Rights. The characteristic they share is that they have moved between the UK and the EU, or vice versa, before the end of the Brexit transition period (31 December 2020). Who is included and on what basis? 2020-09-20T10:51:00+00:00monthlyhttps://cosmopolismigration.com/2020/09/14/eu-law-under-the-withdrawal-agreement-the-bedrock-of-eu-citizens-rights/https://cosmopolismigration.com/wp-content/uploads/2020/09/bedrock-e1600118913327.jpgEU Law under the Withdrawal Agreement: The Bedrock of EU Citizens’ RightsThe common provisions found in Part 1 of the Withdrawal Agreement form the bedrock for the provisions made for Citizens’ Rights in Part 2. But what is EU law in this context? How are the Withdrawal Agreement and the applicable EU law to be implemented, applied, and enforced? And what are the obligations on the UK, the EU, and EU states to give effect to it? 2020-09-14T21:26:28+00:00monthlyhttps://cosmopolismigration.com/2020/09/09/who-is-a-uk-national-under-the-uks-eu-withdrawal-agreement/https://cosmopolismigration.com/wp-content/uploads/2020/09/img_1724-e1599642706263.jpgWho is a UK national under the UK’s EU Withdrawal Agreement?Not all British nationals fall within the scope of the United Kingdom’s EU Withdrawal Agreement. On joining the European Economic Community (EEC) in 1973 the UK specified which of its nationals were to benefit from European law. Notwithstanding the reclassification and re-branding of the classes of British nationality since then, the specification of British nationals who benefit from (what is now) EU law, and thus who are EU citizens, has remained the same. On the UK leaving the EU, it is those persons who rights fall within the scope of the Withdrawal Agreement. Who are they?2020-09-09T09:08:22+00:00monthlyhttps://cosmopolismigration.com/2020/09/07/housing-law-handbook-a-practical-guide-inc-housing-for-migrants/https://cosmopolismigration.com/wp-content/uploads/2020/09/housing_law_handbook_2nd_edn-e1599468486390.jpgHousing Law Handbook: A Practical Guide (inc. Housing for Migrants)Out Now! The Garden Court Chambers Housing Law Handbook (2nd ed). I co-authored the chapter on housing for migrants with my colleague Sophie Caseley. The book includes all significant changes to housing law. Housing rights are social and economic rights. In the UK such housing rights as exist are found in legislation. This book sets them out.2020-09-07T08:45:16+00:00monthlyhttps://cosmopolismigration.com/2020/07/12/from-eu-settled-status-to-naturalising-as-a-british-citizen-the-problem-of-comprehensive-sickness-insurance/https://cosmopolismigration.com/wp-content/uploads/2020/07/unknown-39.jpegFrom EU Settled Status to Naturalising as a British Citizen: The problem of Comprehensive Sickness InsuranceFor EU Citizens who secure Settled Status in the UK under the provision made in Appendix EU of the Immigration Rules the path to a further stage of integration, naturalising as a British Citizen, is strewn with rocks and boulders, most of which are placed in their way by the Home Office rather than Parliament. What has the Secretary of State done and why is it wrong? 2020-07-12T12:07:11+00:00monthlyhttps://cosmopolismigration.com/2020/07/07/emergency-homelessness-legislation-to-end-rough-sleeping-and-homelessness-during-the-coronavirus-crisis/https://cosmopolismigration.com/wp-content/uploads/2020/07/unknown-38.jpegEmergency Homelessness legislation to end Rough Sleeping and Homelessness during the Coronavirus CrisisTogether with Liz Davies and Connor Johnston of Garden Court Chambers, I helped draft a Bill for Crisis (the homelessness charity) that would end rough sleeping and homelessness for all during the Coronavirus crisis.2020-07-07T07:27:48+00:00monthlyhttps://cosmopolismigration.com/2020/07/06/matt-hancock-takes-a-trip-the-coronavirus-international-travel-regulations/https://cosmopolismigration.com/wp-content/uploads/2020/07/unknown-36.jpegMatt Hancock takes a Trip: the Coronavirus International Travel RegulationsOn 8 June 2020 the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 came into force. They introduce requirements for passengers to supply information and thereafter to self-isolate when entering England. The regime is underpinned by enforcement powers, civil penalties, and criminal offences. There is no provision to dispense with the requirements to provide information and self-isolate on production of a medical certificate certifying a negative Coronavirus test. But there is provision so that favoured classes of passenger are exempt from one or both requirements by virtue of status, regardless of whether or not they present a high risk of spreading infection. How do the regulations work? 2020-07-06T08:51:52+00:00monthlyhttps://cosmopolismigration.com/2020/06/30/webinar-eligibility-for-housing-and-homelessness-assistance-brexit-right-to-reside-issues-and-proving-status/https://cosmopolismigration.com/wp-content/uploads/2020/06/brexit-eligibitiy-.pngEligibility for housing and homelessness assistance: Brexit, Right to Reside issues and proving statusEligibility for housing and homelessness assistance: Brexit, Right to Reside issues and proving status. The Garden Court Chambers Seminar, with Adrian Berry and Sophie Caseley 2020-06-30T15:52:48+00:00monthlyhttps://cosmopolismigration.com/2020/06/02/healthcare-arrangements-after-brexit-what-we-are-about-to-lose/https://cosmopolismigration.com/wp-content/uploads/2020/06/unknown-32.jpegHealthcare Arrangements after Brexit: What we are about to loseTo make provision for healthcare arrangements between the UK and EU states (including EEA states and Switzerland) after the end of the transition period (31 December 2020), the United Kingdom Parliament has enacted the Healthcare (European Economic Area and Switzerland Arrangements) Act 2019. But for people who are not covered by the scope of the EU-UK Withdrawal Agreement, what happens if provision for cross-border healthcare arrangements are not covered by the scope of any new treaty between the EU and the UK? 2020-06-29T07:36:18+00:00monthlyhttps://cosmopolismigration.com/2020/06/28/social-security-and-healthcare-after-brexit-the-uk-government-assault-on-british-citizens-rights/https://cosmopolismigration.com/wp-content/uploads/2020/06/images-7.jpegSocial Security and Healthcare after Brexit: The UK Government assault on British citizens’ rightsIn the negotiations between the UK and the EU on a new partnership treaty, the UK Government has set out, systematically, to dismantle the structure and web of social security and healthcare rights that makes the lives of British citizens easier when they move to stay or reside in other European countries in the EU. It doing so, it has made the lives of the old, the disabled, the incapacitated, the pregnant, the bereaved, and those who care for children harder. What is going on?2020-06-28T12:02:14+00:00monthlyhttps://cosmopolismigration.com/2020/06/22/matt-hancock-enters-the-bedroom-the-3rd-and-4th-amendments-to-the-health-protection-coronavirus-regulations/https://cosmopolismigration.com/wp-content/uploads/2020/06/unknown-35.jpegMatt Hancock enters the bedroom: the 3rd and 4th Amendments to the Health Protection Coronavirus RegulationsThe Health Protection Regulations are changing rapidly. What changes are made? Most strikingly, the amending regulations regulate not just personal movement and gatherings in public space also in the private places in which people live: they regulate with whom a person can stay overnight and prohibit indoor gatherings at home. This new regime, introduced through regulations made under an emergency procedure that itself weakens opportunities for parliamentary scrutiny, is backed up through enforcement by way of civil penalties and prosecutions for connected criminal offences. Looking at the whole package, the regulations are a gross intrusion into personal life wholly at odds with liberty and the common law tradition of freedom.2020-06-23T07:47:41+00:00monthlyhttps://cosmopolismigration.com/2020/06/14/healthcare-arrangements-after-brexit-loss-of-rights-to-reimbursement-for-treatment-and-for-prescriptions/https://cosmopolismigration.com/wp-content/uploads/2020/06/unknown-33.jpegHealthcare Arrangements after Brexit: Loss of Rights to Reimbursement for Treatment and for PrescriptionsAmong the kilometres of so-called ‘red tape’ that the UK Government wishes to free itself from by leaving the EU is Directive 2011/24/EU, which provides a way for British citizens to travel to an EU state to receive medical care and reimbursement. In the absence of any agreement or treaty between the UK and the EU, British citizens, EU citizens, and others may lose these rights after the end of the transition period. What are these rights and how may they be claimed? 2020-06-14T23:40:49+00:00monthlyhttps://cosmopolismigration.com/2020/06/10/my-evidence-on-the-immigration-and-social-security-coordination-eu-withdrawal-bill-to-its-house-of-commons-public-bill-committee/https://cosmopolismigration.com/wp-content/uploads/2020/06/bill-pic.pngmy evidence on behalf of the Immigration Law Practitioners' Association (ILPA) on the Immigration and Social Security Coordination (EU Withdrawal) Bill to its House of Commons Public Bill Committeemy evidence on behalf of the Immigration Law Practitioners' Association (ILPA) on the Immigration and Social Security Coordination (EU Withdrawal) Bill to its House of Commons Public Bill Committee2020-06-10T08:59:29+00:00monthlyhttps://cosmopolismigration.com/2020/05/25/healthcare-arrangements-after-brexit-the-healthcare-european-economic-area-and-switzerland-arrangements-act-2019/https://cosmopolismigration.com/wp-content/uploads/2020/05/images-6.jpegHealthcare Arrangements after Brexit: The Healthcare (European Economic Area and Switzerland Arrangements) Act 2019To make provision for healthcare arrangements between the UK and EU states (including EEA states and Switzerland) after the end of the transition period (31 December 2020), the United Kingdom Parliament has enacted the Healthcare (European Economic Area and Switzerland Arrangements) Act 2019. For British citizens, EU citizens, EEA nationals, Swiss citizens, and some Third Country Nationals not otherwise covered by the UK-EU Withdrawal Agreement (or equivalent for EEA states and for Switzerland) it provides a basis in UK law for the UK to meet the healthcare costs of British citizens (and others) in EU states, EEA states, or Switzerland. It also enables domestic provision to be made to give effect to international agreements for healthcare. https://cosmopolismigration.com/wp-content/uploads/2020/05/unknown-31.jpegUnknown-312020-05-26T19:21:08+00:00monthlyhttps://cosmopolismigration.com/2020/05/19/the-withdrawal-agreement-and-after-eu-citizens-rights-for-the-people-of-northern-ireland/https://cosmopolismigration.com/wp-content/uploads/2020/05/unknown-30.jpegThe Withdrawal Agreement and after: EU Citizens’ Rights for the People of Northern IrelandSlowly but inexorably any perceived advantages of British citizenship over Irish citizenship are disappearing or being neutralised for the People of Northern Ireland. Regardless of political stance the worth of a burgundy Irish passport over a (soon to be) blue UK passport is beyond doubt. When it comes to living a life in the UK, the Republic of Ireland, or in other EU states, there is little point in relying on British citizenship alone and every reason to rely on Irish citizenship as well. Where a person from Northern Ireland seeks to rely on Irish citizenship alone, almost nothing is lost. The choices made by the UK government in deciding to withdraw from the EU and on what terms have consequences, including ones unintended or underplayed. 2020-05-19T17:12:54+00:00monthlyhttps://cosmopolismigration.com/2020/05/12/changes-to-the-health-protection-coronavirus-restrictions-england-regulations-2020-in-force-from-13-may-2020/https://cosmopolismigration.com/wp-content/uploads/2020/05/1614.jpgChanges to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, in force from 13 May 2020The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No 2) Regulations 2020 make changes to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (‘the 2020 Regulations’) from 13 May 2020. What are the changes made? 2020-05-12T20:15:34+00:00monthlyhttps://cosmopolismigration.com/2020/05/12/webinar-on-economic-migration-issues-during-the-coronavirus-crisis/https://cosmopolismigration.com/wp-content/uploads/2020/05/webinareco.pngOur Garden Court Chambers Webinar on Economic Migration issues during the Coronavirus Crisis.Our Garden Court Chambers Webinar on Economic Migration issues during the Coronavirus Crisis.2020-05-12T10:25:46+00:00monthlyhttps://cosmopolismigration.com/2020/05/11/post-brexit-economic-migration-policy-after-coronavirus-time-to-change-course/https://cosmopolismigration.com/wp-content/uploads/2020/05/ecomigration.jpgPost-Brexit Economic Migration Policy after Coronavirus: Time to Change CourseThe Home Office has a plan for UK economic immigration policy after the end of the Brexit transition period (31 December 2020). How should the Coronavirus crisis change the Home Office’s plans for post-Brexit economic migration policy? 2020-05-11T20:16:57+00:00monthlyhttps://cosmopolismigration.com/2020/05/03/unequal-treatment-tracing-rights-to-social-security-through-brexit-legislation/https://cosmopolismigration.com/wp-content/uploads/2020/05/socsecregsmayjpg.jpgUnequal Treatment: Tracing Rights to Social Security through Brexit LegislationThe co-ordination of social security, pensions, and healthcare provision for people who move among EU States is one of the great of achievements of EU free movement law. The UK’s departure from the EU on 31 January 2020 has led to confusion as to the applicable law for those protected by the EU-UK Withdrawal Agreement and for those who move between the EU and the UK for the first time after the end for the transition period (31 December 2020). How has this confusion come about and what form does it take? The law is obscure, unnecessarily so. What follows is an attempt to untangle it. 2020-05-03T17:52:10+00:00monthlyhttps://cosmopolismigration.com/2020/04/29/10-immigration-steps-the-home-secretary-could-take-in-response-to-covid-19-coronavirus/https://cosmopolismigration.com/wp-content/uploads/2020/04/marsham_street.jpg10 Immigration Steps the Home Secretary could take in response to COVID-19/CoronavirusFollowing the Home Secretary’s evidence on 29 April 2020 to the House of Commons Home Affairs Select Committee on Home Office preparedness for COVID-19 here are 10 immigrations policy steps that she could take as a matter of urgency. Public health is the first public policy priority during the Coronavirus crisis as the Government and Parliament have recognised. Without recourse to legislation, the Home Office has the powers it needs to take the steps necessary to play its full part in contributing to the national effort. 2020-04-29T20:51:52+00:00monthlyhttps://cosmopolismigration.com/2020/04/28/changes-to-the-health-protection-coronavirus-restrictions-england-regulations-2020-in-force-from-11-am-on-22-april-2020/https://cosmopolismigration.com/wp-content/uploads/2020/04/th.jpegChanges to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020, in force from 11 am on 22 April 2020The Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020 make changes to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (‘the 2020 Regulations’) from 11 am on 22 April 2020. What are the changes made?2020-04-28T18:40:32+00:00monthlyhttps://cosmopolismigration.com/2020/04/26/economic-and-social-justice-issues-in-the-immigration-and-social-security-co-ordination-eu-withdrawal-bill/https://cosmopolismigration.com/wp-content/uploads/2020/04/ecorights-e1587914642877.jpgEconomic and Social Justice issues in the Immigration and Social-Security Co-ordination (EU Withdrawal) BillThe Immigration and Social Security Co-ordination (EU Withdrawal) Bill is a short bill with a vast effect: it ends EU free movement of persons, makes provision for Irish citizens, and allows Ministers to make changes to Acts of Parliament and retained EU law by making regulations by way of Statutory Instruments. What are the economic and social justice issues arising as a result of the Bill?2020-04-26T15:25:39+00:00monthlyhttps://cosmopolismigration.com/2020/04/23/webinar-on-covid-19-and-immigration-society-of-labour-lawyers/https://cosmopolismigration.com/wp-content/uploads/2020/04/01ea09_c52ce38bc67f4e60bfd82705b2252099mv2.pngCOVID-19 and Immigration: The Society of Labour Lawyers WebinarI am speaking alongside a distinguished panel for the Society of Labour Lawyers Covid-19 Webinar Series on how immigration law and proceedings have been affected by Coronavirus, as well the upcoming Immigration and Social Security Co-ordination (EU Withdrawal) Bill. 2020-04-23T06:45:48+00:00monthlyhttps://cosmopolismigration.com/2020/04/21/evidence-to-the-home-affairs-select-committee-on-home-office-policy-on-covid-19-coronavirus/https://cosmopolismigration.com/wp-content/uploads/2020/04/unknown-29.jpegEvidence to Home Affairs Committee on Home Office policy on COVID-19/CoronavirusMy evidence to the UK House of Commons Home Affairs Select Committee on Home Office Immigration policy response to COVID19/Coronavirus, click here. The session also evidence from Chai Patel of JCWI, Bella Sankey of Detention Action, Colin Yeo of Free Movement, and Andy Hewett of the Refugee Council.2020-04-21T13:25:30+00:00monthlyhttps://cosmopolismigration.com/2020/04/19/human-rights-in-the-immigration-and-social-security-co-ordination-eu-withdrawal-bill/https://cosmopolismigration.com/wp-content/uploads/2020/04/immsshr.jpgHuman Rights in the Immigration and Social Security Co-ordination (EU Withdrawal) BillThe Immigration and Social Security Co-ordination (EU Withdrawal) Bill is a short bill with a vast effect: it ends EU free movement of persons, makes provision for Irish citizens, and allows Ministers to make changes to Acts of Parliament and retained EU law by making regulations by way of Statutory Instruments. What are the human rights implications of the provision made in the Bill?2020-04-19T17:18:37+00:00monthlyhttps://cosmopolismigration.com/2020/04/12/the-immigration-and-social-security-co-ordination-eu-withdrawal-bill-problems-with-certainty-delegation-and-scrutiny/https://cosmopolismigration.com/wp-content/uploads/2020/04/iiadjpg-e1586956583451.jpgThe Immigration and Social Security Co-ordination (EU Withdrawal) Bill: Problems with Certainty, Delegation, and ScrutinyThis post focuses on problems with certainty, delegation and scrutiny in the Immigration and Social Security Co-ordination (EU Withdrawal) Billhttps://cosmopolismigration.com/wp-content/uploads/2020/04/iscrutiny.jpgThe Immigration and Social Security Co-ordination (EU Withdrawal) Bill: Problems with Certainty, Delegation, and ScrutinyThis post focuses on problems with certainty, delegation and scrutiny in the Immigration and Social Security Co-ordination (EU Withdrawal) Bill2020-04-15T13:16:44+00:00monthlyhttps://cosmopolismigration.com/2020/04/11/uk-social-security-benefits-for-eu-citizens-eea-nationals-during-the-coronavirus-crisis/https://cosmopolismigration.com/wp-content/uploads/2020/04/benefits.jpgUK Social Security Benefits for EU Citizens/EEA nationals during the Coronavirus CrisisMany EU Citizens/EEA nationals and their family members have lost their work or income as a result of the Coronavirus crisis. Many of them are leading precarious lives as a result. What social security benefits are available to them and what immigration/residence tests must be satisfied to render a person eligible? What difference does having Settled Status, Pre-settled Status, or no Status make? 2020-04-11T11:33:51+00:00monthlyhttps://cosmopolismigration.com/2020/04/10/dealing-with-coronavirus-local-authority-powers-in-respect-of-school-children-the-decontamination-of-things-and-premises-the-control-of-dead-bodies-and-requesting-co-operation/https://cosmopolismigration.com/wp-content/uploads/2020/04/la-powers.jpgDealing with Coronavirus: Local Authority Powers in respect of School Children, the Decontamination of Things and Premises, the Control of Dead Bodies, and Requesting Co-operationIn the interests of public health, Local Authorities have powers in respect of school children, the decontamination of things and premises, the control of dead bodies, and to request co-operation. How do they work and how do they relate to other powers?2020-04-10T09:50:29+00:00monthlyhttps://cosmopolismigration.com/uk-immigration/2020-04-08T07:49:17+00:00weekly0.6https://cosmopolismigration.com/detention/2020-04-08T07:45:50+00:00weekly0.6https://cosmopolismigration.com/2017/01/18/in-hideous-darkness-the-uk-policy-of-detaining-and-expelling-eu-citizens/https://cosmopolismigration.com/wp-content/uploads/2017/01/immigration-detention.jpgimmigration-detentionUK Immigration Detention of EU Citizens 2020-04-08T07:42:54+00:00monthlyhttps://cosmopolismigration.com/2020/03/22/the-coronavirus-bill-powers-of-control-for-immigration-officers-constables-and-public-health-officials-for-screening-and-assessment-and-powers-to-control-movement-activity-and-human-contact/https://cosmopolismigration.com/wp-content/uploads/2020/03/unknown-21.jpegThe Coronavirus Bill: Powers of Control for Immigration Officers, Constables, and Public Health Officials, for Screening and Assessment, and Powers to Control Movement, Activity, and Human ContactThe Coronavirus Bill introduces new powers in two areas concerning the movement of persons: (1) The Control of Potentially Infectious Persons and (2) The Suspension of Port Operations. The Bill introduces far-reaching powers for immigration officers, constables, and public health officials, for screening and assessment, and powers to control movement, activity, and human contact. The scope of the powers is understandable given the scale of the crisis. Given that they are so far-reaching, scrutiny of their exercise will be important; the society that is to be preserved is one that values life, well-being, and the rule of law. 2020-04-08T07:41:00+00:00monthlyhttps://cosmopolismigration.com/2020/03/26/movement-and-gathering-restrictions-under-the-health-protection-coronavirus-restrictions-england-regulations-2020-from-1-pm-on-26-march-2020/https://cosmopolismigration.com/wp-content/uploads/2020/03/unknown-25.jpegMovement and Gathering Restrictions under the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (from 1 pm on 26 March 2020)From 1 pm on 26 March 2020 restrictions on movement have been imposed by the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (‘the 2020 Regulations’) made under the Public Health (Control of Disease Act 1984. The 2020 Regulations expire at the end of 25 September 2020, an event that does not affect the validity of anything done before they expire. They impose severe restrictions on personal movement (subject to exceptions) and gatherings, as well as containing measures for enforcement, fixed penalty notices, and connected criminal offences. The scope of the powers is understandable given the scale of the crisis. Given that they are so far-reaching, scrutiny of their exercise will be important; the society that is to be preserved is one that values life, well-being, and the rule of law. The purpose of this post is to present these new powers in digestible form. 2020-04-08T07:40:36+00:00monthlyhttps://cosmopolismigration.com/2020/03/30/summary-of-the-health-protection-coronavirus-restrictions-england-regulations-2020-from-1-pm-on-26-march-2020/https://cosmopolismigration.com/wp-content/uploads/2020/03/unknown-27.jpegSummary of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (from 1 pm on 26 March 2020)From 1 pm on 26 March 2020 restrictions have been imposed by the 2020 Regulations made under the Public Health (Control of Disease Act 1984. The 2020 Regulations expire at the end of 25 September 2020, an event that does not affect the validity of anything done before they expire. The 2020 Regulations impose severe restrictions on personal movement and gatherings, and compel the closure of businesses and premises, as well as containing measures for enforcement, fixed penalty notices, and connected criminal offences. 2020-04-08T07:40:08+00:00monthlyhttps://cosmopolismigration.com/2020/04/02/magistrates-powers-to-make-orders-to-control-people-things-and-premises-to-reduce-infection-risk/https://cosmopolismigration.com/wp-content/uploads/2020/04/images-4.jpegMagistrates’ Powers to Make Orders to Control People, Things, and Premises to Reduce Infection RiskMagistrates (Justices of the Peace) have the power to control people, things, and premises, in relation to contamination and infection risks that present or could present significant harm to human health. The powers are exercisable on the application of a local authority. The powers are found in Part IIA of the Public Health (Control of Diseases) Act 1984, with supplementary provision made in the Health Protection (Part 2A Orders) Regulations 2010. 2020-04-08T07:39:53+00:00monthlyhttps://cosmopolismigration.com/2020/04/03/detention-and-disease-the-right-to-liberty-article-5-echr-and-screening-for-coronavirus/https://cosmopolismigration.com/wp-content/uploads/2020/04/images-5.jpegDetention and Disease: The Right to Liberty, Article 5 ECHR, and Screening for CoronavirusIn what circumstances may a person be detained on grounds of a risk public health to be screened, assessed, and otherwise controlled? What factors render such detention compatible with the right to liberty under Article 5 of the European Convention on Human Rights? 2020-04-08T07:38:54+00:00monthlyhttps://cosmopolismigration.com/brexit/2020-04-08T07:19:37+00:00weekly0.6https://cosmopolismigration.com/2020/04/07/uk-government-powers-to-compel-people-to-stay-at-home-how-far-can-public-health-regulations-go-to-defeat-coronavirus/https://cosmopolismigration.com/wp-content/uploads/2020/04/ultraviresjpg.jpgUK Government powers to compel people to stay at home: How far can Public Health Regulations go to defeat Coronavirus?As is well-known the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (in force from 1 pm on 26 March 2020) impose severe restrictions on personal movement and gatherings, and compel the closure of businesses and premises, as well as containing measures for enforcement, fixed penalty notices, and connected criminal offences. How far can such regulations go? Can they be amended to require people to stay at home in all circumstances? What is the scope for amendment to the regulations? 2020-04-07T12:23:15+00:00monthlyhttps://cosmopolismigration.com/2020/04/05/the-immigration-and-social-security-eu-withdrawal-bill-the-immigration-provisions/https://cosmopolismigration.com/wp-content/uploads/2020/04/immssbillimm.jpgThe Immigration and Social Security (EU Withdrawal) Bill: The Immigration ProvisionsThe Immigration and Social Security Co-ordination (EU Withdrawal) Bill contains measures for ending EU Citizens’ free movement, as well as measures in relation to Irish citizens, and measures and in relation to Social Security co-ordination. Under the Bill, power is conferred on the Secretary of State to make regulations to alter content of immigration-related laws. How broad is this power? What can the regulations do? How will immigration-related law be altered by its exercise? 2020-04-05T09:04:23+00:00monthlyhttps://cosmopolismigration.com/2020/03/09/the-immigration-and-social-security-co-ordination-eu-withdrawal-bill-the-end-of-eu-citizens-free-movement/https://cosmopolismigration.com/wp-content/uploads/2020/03/immssact2020.jpgThe Immigration and Social Security Co-ordination (EU Withdrawal) Bill: The End of EU Citizens’ Free MovementThe new Immigration and Social Security Co-ordination (EU Withdrawal) Bill (5 March 2020) contains measures for ending EU Citizens’ free movement, as well measures in relation to Irish citizens, and measures in relation to Social Security coordination. The Bill has only nine clauses, and if you exclude those concerning interpretation, extent, commencement, and short title, it has only four substantive clauses. In other words, there is not very much on the face of the Bill. However, it gives the UK government enormous powers to make regulations by statutory instrument (a form of secondary legislation) to change Acts of Parliament. 2020-04-05T08:58:44+00:00monthlyhttps://cosmopolismigration.com/2020/03/16/social-security-and-pension-aspects-of-the-immigration-and-social-security-co-ordination-eu-withdrawal-bill/https://cosmopolismigration.com/wp-content/uploads/2020/03/immbillss.jpgSocial Security and Pension aspects of the Immigration and Social Security Co-ordination (EU Withdrawal) BillThe Immigration and Social Security Co-ordination (EU Withdrawal) Bill contains measures for ending EU Citizens’ free movement, as well as measures in relation to Irish citizens, and measures and in relation to Social Security co-ordination. The provisions for social security co-ordination will affect social security and pension entitlements for people who are not protected by the EU-UK Withdrawal Agreement and the European Union (Withdrawal Agreement) Act 2020. 2020-04-05T06:53:12+00:00monthlyhttps://cosmopolismigration.com/2020/03/31/the-coronavirus-act-2020-the-suspension-of-port-operations/https://cosmopolismigration.com/wp-content/uploads/2020/03/unknown-28.jpegThe Coronavirus Act 2020: The Suspension of Port OperationsThe Coronavirus Act 2020 introduces new powers from 25 March 2020 to provide for the suspension of port operations. 2020-03-31T11:16:43+00:00monthlyhttps://cosmopolismigration.com/2020/03/26/the-coronavirus-act-2020-powers-to-control-movement-events-gatherings-and-premises/https://cosmopolismigration.com/wp-content/uploads/2020/03/unknown-24.jpegThe Coronavirus Act 2020: Powers to control movement and events, gatherings and premisesThe Coronavirus Act 2020 introduces new powers in two areas in relation to events, gatherings and premises: To prohibit or otherwise restrict events or gatherings. and to close premises or impose restrictions on persons entering or remaining inside them The Act provides for person, or description of person, designated in writing by the Secretary of State to take such action as is necessary to enforce compliance with a direction. Further, criminal proceedings for an offence may be brought by a person, or description of person, designated in writing by the Secretary of State. The purpose of this post is to present these new powers in digestible form. https://cosmopolismigration.com/wp-content/uploads/2020/03/unknown-23.jpegUnknown-232020-03-31T10:46:50+00:00monthlyhttps://cosmopolismigration.com/2020/03/27/the-closure-of-premises-and-businesses-under-the-health-protection-coronavirus-restrictions-england-regulations-2020-from-1-pm-on-26-march-2020/https://cosmopolismigration.com/wp-content/uploads/2020/03/unknown-26.jpegThe Closure of Premises and Businesses under the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (from 1 pm on 26 March 2020)From 1 pm on 26 March 2020 measures to close premises and businesses have been imposed by the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (‘the 2020 Regulations’) made under the Public Health (Control of Disease Act 1984. The 2020 Regulations expire at the end of 25 September 2020, an event that does not affect the validity of anything done before they expire. The 2020 Regulations close premises where food and drink is sold for consumption on the premises, close other businesses, and restrict the activities of further businesses. They impose severe restrictions, as well as containing measures for enforcement, fixed penalty notices, and connected criminal offences. The scope of the powers is understandable given the scale of the crisis. Given that they are so far-reaching, scrutiny of their exercise will be important; the society that is to be preserved is one that values life, well-being, and the rule of law. The purpose of this post is to present these new powers in digestible form. 2020-03-30T12:03:47+00:00monthlyhttps://cosmopolismigration.com/2019/12/02/home-office-plans-for-self-employed-eu-citizens-working-in-the-uk-before-brexit/https://cosmopolismigration.com/wp-content/uploads/2019/12/beryl_burton_1967.jpgSelf-Employed EU Citizens Adrian BerryHome Office plans for Self-Employed EU Citizens Working in the UK before Brexit Self-employed EU Citizens from other EU states who work in the UK are at risk from Home Office plans in the event of a No Deal Brexit. 2020-03-30T11:39:37+00:00monthlyhttps://cosmopolismigration.com/2019/06/06/the-supple-uses-of-eu-law-fighting-gender-discrimination/https://cosmopolismigration.com/wp-content/uploads/2019/06/unknown.jpegGender discrimination and EU lawGender discrimination: the use of EU law 2020-03-30T11:38:55+00:00monthlyhttps://cosmopolismigration.com/2016/12/17/donald-trump-is-a-british-citizen/https://cosmopolismigration.com/wp-content/uploads/2016/12/donald-trump-british-citizen.jpgdonald-trump-british-citizen2020-03-30T11:38:10+00:00monthlyhttps://cosmopolismigration.com/2020/01/27/universal-credit-means-tested-benefits-pension-credit-tax-credits-and-universal-benefits-for-eu-citizens-in-the-uk-after-brexit-under-the-withdrawal-agreement/https://cosmopolismigration.com/wp-content/uploads/2020/01/eu-benefits.jpgUniversal Credit, Means-Tested Benefits, Pension Credit, Tax Credits, and Universal Benefits for EU Citizens in the UK after Brexit under the Withdrawal AgreementIn order to secure Universal Credit, other means-tested benefits, Pension Credit, or universal benefits such as Child Benefit, an EU Citizen must, among other things pass an immigration/right to reside test. 2020-03-30T11:37:22+00:00monthlyhttps://cosmopolismigration.com/2020/03/30/the-immigration-and-social-security-co-ordination-eu-withdrawal-bill-the-measures-to-end-free-movement/https://cosmopolismigration.com/wp-content/uploads/2020/03/achillies.jpgThe Immigration and Social Security Co-ordination (EU Withdrawal) Bill: The Measures to End Free MovementThe Immigration and Social Security Co-ordination (EU Withdrawal) Bill contains measures for ending the EU right of free movement of persons. The way in which it does so is important, for it affects provisions of EU law retained in UK law, as well as the operation of other UK immigration laws. Some of the techniques used leave it uncertain as to the operative functionality of parts of EU law retained in UK law; they also leave parts of UK immigration law not free from doubt as to their scope. In the result, much is left to the Courts to pick through on a case-by-case basis: ‘Does this rule derived from EU law still apply? What is its ambit? How is it to applied? What it its applicability where it conflicts with an immigration law? What is the scope of that immigration law?’ This is not a particularly desirable state of affairs. Good law is certain, well-expressed, and precise. But it is perhaps inevitable given the narrow policy ambition of ending the free movement of persons in all its liberal, purposive, open-ended glory.2020-03-30T11:36:15+00:00monthlyhttps://cosmopolismigration.com/2020/03/02/anglo-saxons-amid-the-ruins-the-uks-immigration-mandate-for-its-future-relationship-treaty-with-the-eu/https://cosmopolismigration.com/wp-content/uploads/2020/03/anglo-saxons.jpgAnglo-Saxons amid the ruins: The UK’s Immigration Mandate for its Future Relationship Treaty with the EUIn February 2020 the United Kingdom government published its negotiating strategy as regards its future relationship with the European Union in a document called The Future Relationship with the EU, the UK’s Approach to Negotiations. The document is remarkable for its lack of ambition as regards migration and mobility between the UK and the EU. 2020-03-30T11:32:34+00:00monthlyhttps://cosmopolismigration.com/2020/02/24/a-mortification-of-the-flesh-uk-immigration-policy-for-eu-citizens-after-brexit/https://cosmopolismigration.com/wp-content/uploads/2020/02/mort2.jpgA Mortification of the Flesh: UK Immigration Policy for EU Citizens after BrexitThe United Kingdom Government published its Policy Statement: The UK’s Points Based Immigration System in February 2020. That statement sets out the Government’s intention to adjust the UK’s immigration system in a way in that it considers the British public want following the EU referendum in 2016. The problem is that what the UK government proposes makes little sense. Further, there is no evidence to support a contention that the lives of resident British citizens will be improved. 2020-03-30T11:32:17+00:00monthlyhttps://cosmopolismigration.com/2020/02/17/migration-between-the-uk-the-eu-after-brexit-the-political-declaration/https://cosmopolismigration.com/wp-content/uploads/2020/02/politicaldec.jpgMigration between the UK & The EU after Brexit: The Political DeclarationThe Political Declaration setting out the framework for the future relationship between the European Union and the United Kingdom (October 2019) records the very limited ambitions that the UK and the EU have as regards migration back and forth between the UK and the EU after the end of the transitional period on 31st December 2020. For EU citizens and UK nationals moving for work or study the first time in 2021, the Withdrawal Agreement will have no relevance. Instead there may be a new agreement focused on trade that contains limited mobility provisions. There will be no return to free movement between the UK and the EU. There will be no provision to enable UK nationals to move freely between one EU state and another. 2020-03-30T11:31:53+00:00monthlyhttps://cosmopolismigration.com/2020/03/21/irish-citizens-and-the-immigration-and-social-security-co-ordination-eu-withdrawal-bill/2020-03-30T11:31:32+00:00monthlyhttps://cosmopolismigration.com/2020/02/10/recognition-of-eu-citizens-professional-qualifications-under-the-withdrawal-agreement-and-the-european-union-withdrawal-agreement-act-2020/https://cosmopolismigration.com/wp-content/uploads/2020/02/profqual2.jpgRecognition of EU Citizens’ Professional Qualifications under the Withdrawal Agreement and the European Union (Withdrawal Agreement) Act 2020For EU Citizens or UK nationals and their family members with professional qualifications the Withdrawal Agreement (Article 27) makes provision for the continuing recognition of such qualifications, where recognition took place before the end of the transition period (31 December 2020), or where an application for such recognition was made before the end of the transition period. Protection is needed because a qualification may be obtained in one state (e.g. France) but relied upon by a person working in another state (e.g. the UK). 2020-03-30T11:23:25+00:00monthlyhttps://cosmopolismigration.com/2020/02/03/eu-citizens-appeal-rights-under-the-immigration-citizens-rights-appeals-eu-exit-regulations-2020/https://cosmopolismigration.com/wp-content/uploads/2020/02/appeal2.jpgEU Citizens' Appeal Rights under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (the 2020 Appeal Regulations) were made on 27 January 2020 and came into force on exit day (31 January 2020 at 11pm). What do they provide? 2020-03-30T11:22:22+00:00monthlyhttps://cosmopolismigration.com/2020/01/20/statutory-magic-and-appeal-rights-for-eu-citizens-under-the-uks-european-union-withdrawal-agreement-bill/https://cosmopolismigration.com/wp-content/uploads/2020/01/statutorymagic.jpgStatutory Magic and Appeal Rights for EU Citizens under the UK’s European Union (Withdrawal Agreement) BillThe UK’s European Union (Withdrawal Agreement) Bill gives effect to the UK-EU Withdrawal Agreement in certain ways. The Withdrawal Agreement creates rights for EU Citizens, their family members and others. How are those rights protected by the UK’s European Union (Withdrawal Agreement) Bill? https://cosmopolismigration.com/wp-content/uploads/2020/01/unknown-18-1.jpegUnknown-182020-03-30T11:19:39+00:00monthlyhttps://cosmopolismigration.com/2020/01/13/the-allocation-of-social-housing-and-homelessness-assistance-for-eu-citizens-in-the-uk-after-brexit-under-the-withdrawal-agreement/https://cosmopolismigration.com/wp-content/uploads/2020/01/unknown-18.jpegThe Allocation of Social Housing and Homelessness Assistance for EU Citizens in the UK after Brexit under the Withdrawal AgreementThe Allocation of Social Housing and Homelessness Assistance for EU Citizens in the UK after Brexit under the Withdrawal Agreement 2020-03-30T11:18:36+00:00monthlyhttps://cosmopolismigration.com/2020/01/10/my-interview-with-europe-street-news-about-eu-citizens-pensions-after-brexit/https://cosmopolismigration.com/wp-content/uploads/2020/01/pension-money-2724241_1920-2-800x445-1.jpgHow European pension coordination works and what changes for the UKHow European pension coordination works and what changes for the UKhttps://cosmopolismigration.com/wp-content/uploads/2020/01/4c1571d5-fe8f-407c-a26a-d0d13da0bd3a.jpg4c1571d5-fe8f-407c-a26a-d0d13da0bd3a2020-03-30T11:17:22+00:00monthlyhttps://cosmopolismigration.com/2020/01/06/restriction-of-rights-of-entry-and-residence-and-deportation-criteria-for-eu-citizens-under-the-uks-european-union-withdrawal-agreement-bill/https://cosmopolismigration.com/wp-content/uploads/2020/01/unknown-16.jpegRestriction of rights of entry and Residence and Deportation Criteria for EU Citizens under the UK’s European Union (Withdrawal Agreement) BillUnder the European Union (Withdrawal Agreement) Bill what restrictions may be placed on EU Citizens’ rights of entry and residence to the UK what deportation rules may apply? https://cosmopolismigration.com/wp-content/uploads/2020/01/images-3.jpegimages-32020-03-30T11:16:25+00:00monthlyhttps://cosmopolismigration.com/2019/12/23/505/https://cosmopolismigration.com/wp-content/uploads/2019/12/unknown-15.jpegSocial Security, Healthcare and Pensions for EU Citizens under the UK’s European Union (Withdrawal Agreement) BillAs at December 2019 the UK has published its European Union (Withdrawal Agreement) Bill. As the Government has a working majority in the House of Commons, the assumption is that it will pass into law as an Act in January 2020 and that the UK will leave the European Union on 31 January 2020. The Bill makes provision for the co-ordination of Social Security, Healthcare, and Pension rights found in the UK-EU Withdrawal Agreement. 2020-03-30T11:15:42+00:00monthlyhttps://cosmopolismigration.com/2019/12/30/immigration-rights-of-entry-and-residence-for-eu-citizens-under-the-uks-european-union-withdrawal-agreement-bill/https://cosmopolismigration.com/wp-content/uploads/2019/12/images-2.jpegimageImmigration Rights of Entry and Residence for EU Citizens under the UK’s European Union (Withdrawal Agreement) Bill s-2As at December 2019 the UK has published its European Union (Withdrawal Agreement) Bill. As the Government has a working majority in the House of Commons, the assumption is that it will pass into law as an Act in January 2020 and that the UK will leave the European Union on 31 January 2020. The Bill makes provision for the EU Citizens’ rights and Immigration rights found in the UK-EU Withdrawal Agreement. Under the Bill, EU law is to continue in force in the UK during the transition period (called ‘the implementation period’) (ending on 31 December 2020) and beyond that time period where provided for under the Withdrawal Agreement, with some modifications (see clauses 1-4). That means that the provision for EU Citizens’ rights and Immigration rights will continue as now during the transition period, and beyond that time for people who fall within the personal scope of the Withdrawal Agreement. 2020-03-30T11:15:19+00:00monthlyhttps://cosmopolismigration.com/2019/12/16/eu-citizens-in-the-uk-key-documents-for-cross-border-work-pensions-healthcare-and-social-security/https://cosmopolismigration.com/wp-content/uploads/2019/12/unknown-14.jpegEU Citizens in the UK: Key documents for Cross-border Work, Pensions, Healthcare and Social Security Adrian BerryFor EU Citizens from other EU states and for UK Nationals there are key documents that enable them to move back and forth from the UK to the rest of the EU and to move around other EU and EEA states (including Switzerland) in the ordinary course of their working lives and after. These documents concern temporary work in another country, moving to work and reside in another country, pension entitlements where a person has worked in more than one country, healthcare entitlements, and social security entitlements. 2020-03-30T11:12:49+00:00monthlyhttps://cosmopolismigration.com/2019/12/13/after-the-uk-general-election-12-december-2019-a-personal-reflection/https://cosmopolismigration.com/wp-content/uploads/2019/12/1024px-bataille_de_fleurus_1794.jpg1024px-Bataille_de_Fleurus_1794After the UK General Election 12 December 2019, a personal reflection, Adrian Berry2020-03-30T11:12:15+00:00monthlyhttps://cosmopolismigration.com/2019/12/09/how-to-think-about-eu-pensions-in-the-shadow-of-brexit-a-uk-italy-case-study/https://cosmopolismigration.com/wp-content/uploads/2019/12/unknown-13.jpegHow to think about EU Pensions in the shadow of Brexit: A UK-Italy case studyIf and when the UK leaves the EU, UK Nationals in the EU and other EU Citizens in the UK will have a lot to think about. Among the issues will be what happens to pension contributions and pension entitlements where they have worked in the UK and in another EU state. This issue is quite distinct from immigration issues such as whether a person has Settled Status in the UK or has naturalised as a British citizen. There will be both UK Nationals and Italian Citizens who have lived and worked in each others’ countries. And both UK Nationals and Italian Citizens may decide to retire in the UK or Italy regardless of whether that is the last country in which they worked. What pension issues arise? 2020-03-30T11:11:32+00:00monthlyhttps://cosmopolismigration.com/2019/11/25/no-deal-or-hard-brexit-social-security-healthcare-and-pensions-after-brexit/https://cosmopolismigration.com/wp-content/uploads/2019/11/unknown-11-e1574671567983.jpegNo deal, EU-UK, Pensions, Social Security, Brexit, Adrian BerryWhat happens to Pensions, Social Security and Healthcare in the event of No Deal, Brexit2020-03-30T11:09:47+00:00monthlyhttps://cosmopolismigration.com/2019/11/17/the-withdrawal-agreement-social-security-healthcare-and-pensions-after-brexit/https://cosmopolismigration.com/wp-content/uploads/2019/11/images-1.jpegAdrian Berry EU Withdrawal Agreement Social SecuritySocial Security, Pensions and Healthcare under the EU Withdrawal Agreement 2020-03-30T11:08:43+00:00monthlyhttps://cosmopolismigration.com/2019/11/11/pensions-healthcare-and-social-security-for-eu-citizens-after-brexit-the-forgotten-aspect-of-free-movement/https://cosmopolismigration.com/wp-content/uploads/2019/11/images.jpegEU Citizens Adrian Berry Health Social Security BrexitEU Citizens Adrian Berry Health Social Security and Pensions withdrawal agreement 2020-03-30T11:07:30+00:00monthlyhttps://cosmopolismigration.com/2019/09/20/uk-government-defeated-at-european-court-of-justice-on-rights-for-pregnant-self-employed-eu-citizens/https://cosmopolismigration.com/wp-content/uploads/2019/09/unknown-9.jpegSelf-Employed pregnant EU Citizens rightsCourt of Justice upholds rights of self-employed EU Citizens on pregnancy and maternity leave2020-03-30T11:06:00+00:00monthlyhttps://cosmopolismigration.com/2019/03/08/this-little-world-the-future-of-uk-immigration-policy-after-brexit/https://cosmopolismigration.com/wp-content/uploads/2019/03/unknown.jpegBrexit immigration THIS LITTLE WORLD: THE FUTURE OF UK IMMIGRATION POLICY AFTER BREXIT 2020-03-30T11:03:29+00:00monthlyhttps://cosmopolismigration.com/2018/12/22/brexit-and-legal-services-my-bite-sized-take-for-the-bar-council/https://cosmopolismigration.com/wp-content/uploads/2018/12/3XG8doX6_400x400.jpg3XG8doX6_400x4002020-03-30T11:02:53+00:00monthlyhttps://cosmopolismigration.com/2018/09/28/the-migration-advisory-committee-report-eea-migration-in-the-uk-final-report-september-2018-a-note/https://cosmopolismigration.com/wp-content/uploads/2018/09/eubrexit.jpegEUBrexitMigration Advisory Committee report on EEA Migration after Brexit 2020-03-30T11:02:01+00:00monthlyhttps://cosmopolismigration.com/2017/12/07/a-note-on-the-position-of-eu-citizens-migration-in-the-context-of-brexit-6-december-2017/https://cosmopolismigration.com/wp-content/uploads/2017/12/image-1201220-galleryv9-srtx-1201220.jpgBrexit Immigration Adrian BerryBrexit Immigration Adrian Berry Barrister 2020-03-30T11:00:12+00:00monthlyhttps://cosmopolismigration.com/2017/06/27/eu-citizens-in-the-uk-a-note-on-home-office-proposals-june-2017/https://cosmopolismigration.com/wp-content/uploads/2017/06/unknown-5.jpegHome Office proposals for EU Citizens June 2017Home Office proposals for EU Citizens June 2017 2020-03-30T10:59:40+00:00monthlyhttps://cosmopolismigration.com/2017/03/18/the-impact-of-brexit-on-uk-immigration-an-intermediate-solution/https://cosmopolismigration.com/wp-content/uploads/2017/03/th.jpegBREXIT Immigration SolutionAdrian Berry's Post BREXIT Immigration Control paper2020-03-30T10:58:47+00:00monthlyhttps://cosmopolismigration.com/2016/12/01/eu-citizens-living-in-the-uk-a-self-help-guide/https://cosmopolismigration.com/wp-content/uploads/2016/12/euflag.jpgeuflaghttps://cosmopolismigration.com/wp-content/uploads/2016/12/download33.jpgPlaceholder Image2020-03-30T10:58:13+00:00monthlyhttps://cosmopolismigration.com/2016/12/07/free-movement-is-good-for-you-citizenship-and-movement-in-the-eu/2020-03-30T10:57:25+00:00monthlyhttps://cosmopolismigration.com/2017/01/02/the-right-to-rent-scheme-landlords-as-immigration-officers/https://cosmopolismigration.com/wp-content/uploads/2017/01/right-to-rent-home-office.jpgright-to-rent-home-officeHome Office Right to Rent Scheme2020-03-30T10:55:55+00:00monthlyhttps://cosmopolismigration.com/2016/12/04/migration-to-london-after-brexit-a-proposal/https://cosmopolismigration.com/wp-content/uploads/2016/12/attachment.pngattachment2020-03-30T10:51:39+00:00monthlyhttps://cosmopolismigration.com/2016/12/01/old-england-is-dying-the-brexit-judgment-and-after/https://cosmopolismigration.com/wp-content/uploads/2016/12/dm.jpgdmhttps://cosmopolismigration.com/wp-content/uploads/2016/12/bridal-636018_12802.jpgPlaceholder Image2020-03-30T10:50:35+00:00monthlyhttps://cosmopolismigration.com/2016/12/01/free-movement-as-a-human-right-the-forgotten-context-in-the-eu-debate/https://cosmopolismigration.com/wp-content/uploads/2016/12/download44.jpgPlaceholder Image2020-03-30T10:48:20+00:00monthlyhttps://cosmopolismigration.com/about/https://cosmopolismigration.com/wp-content/uploads/2016/12/stairs-lights-abstract-bubbles1.jpgPlaceholder Image2020-03-10T10:25:10+00:00weekly0.6https://cosmopolismigration.com/2019/12/19/ian-macdonald-qc-1939-2019/https://cosmopolismigration.com/wp-content/uploads/2019/12/iansphoto.jpgIan Macdonald QC 1939-2019Ian Macdonald QC, former President of the Immigration Law Practitioners’ Association (ILPA) from its foundation in 1984, has died. We are here because he was here first. Without him, and his role in fighting for migrants’ rights, immigration lawyers and advisors would not be equipped to live and work as they do. His struggle for justice was rooted in an anti-racist practice that involved campaigning and organising, as well as defending in criminal courts those prejudiced by attitudes to their race or ethnicity in the police and criminal justice system. His work in laying the foundations of immigration law as we know it arose in that context. He was a member of the Campaign Against Racial Discrimination from its foundation in 1964. And among the notable criminal trials, his successful defence of the Mangrove Nine at the Old Bailey in 1970 is remembered for his applied understanding of how racial prejudice and discrimination work to distort policing and criminal justice. 2019-12-19T08:15:15+00:00monthlyhttps://cosmopolismigration.com/contact/https://cosmopolismigration.com/wp-content/uploads/2016/12/person-smartphone-office-table.jpegPlaceholder Image2016-12-03T09:50:51+00:00weekly0.6https://cosmopolismigration.comdaily1.02026-02-18T14:25:35+00:00