Brexit and Scots Law: Immigration and Citizenship
Author | |
DOI | 10.3366/elr.2018.0464 |
Published date | 01 January 2018 |
Date | 01 January 2018 |
Pages | 132-138 |
The effects of Brexit on the entry and residence rights of EU citizens in Scotland look set to be the same as those felt across the rest of the UK: they will be integrated into the UK's national immigration system by some future date, which could depend on individual circumstances, could be the end of whatever transitional period may eventually be agreed, or could be as early as Spring 2019 if the UK “crashes out” of the EU without an agreement. And yet, since the Brexit vote, a groundswell of support has arisen for the idea that Scotland should have a differentiated immigration settlement. This article surveys the institutional limitations on Scotland having separate immigration policies, highlights areas where diverging policies have developed, and considers the prospects for difference in Scotland in the Brexit context. While the prospects for developing separate policies depend largely on the emergence of a genuinely inter-governmental approach at UK Government level, there is also scope for the Scottish Government to take the initiative.
The EU free movement regime includes rights of residence for longer than three months for economically active EU citizens,
The FMOP regime operates as a quasi-exemption from UK immigration control. EU citizens exercise their free movement rights under EU law and do not have to apply for a visa before travelling to the UK, nor are they required to provide biometric data. Their family reunion rights extend to a slightly broader range of family members, and long-term residents gain other “civic” rights – such as voting rights in local and Scottish Government elections, and access to social rights such as education and healthcare – in line with EU equality principles.
Integrating EU citizens into the UK's immigration regime involves transferring to a very different system. The UK system grants leave to remain based on compliance with detailed immigration rules,
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