BREXIT AND THE TREATMENT OF EU CITIZENS
BY THE UK HOME OFFICE
Official British policy, as explained on the UK’s legal website Free Movement: “The ‘hostile environment’ for migrants is a package of measures designed to make life so difficult for individuals without permission to remain that they will not seek to enter the UK to begin with or if already present will leave voluntarily. It is inextricably linked to the net migration target;
the hostile environment is intended to reduce inward migration and increase outward emigration.”
According to the Home Office, all EU citizens in the UK will have to apply for and be granted UK residence permits within two years of BREXIT taking place for them to avoid the hostile environment.
Administrative hurdles for EU citizens
Since the notification of BREXIT in March 2017, the Home Office has been discouraging EU citizens from applying for EU documents that would provide evidence of their right to live and work in the UK. First the Home Office told EU citizens that they do not need documents (although it states in its negotiating position that all EU citizens will have to obtain documents within two years of BREXIT taking place), and then officials stated that any documents issued will not be legally binding after BREXIT. The Home Office webpage states:
You don’t need a registration certificate to confirm your residence status unless you’re an extended family member of someone from the European Economic Area (EEA) or Switzerland
...
If you already have a registration certificate it won’t be
valid after the UK leaves the EU... A new scheme will be available for EU citizens and their families to
apply to stay in the UK after it leaves the EU.
These are questionable legal statements given that the UK was obliged to transpose the EU
Directive on citizens’ rights (Directive 2004/38) into national law, which it did through the
Immigration (European Economic Area) Regulations 2016. All residence documents issued to EU citizens in the UK are issued under this national legislation, and as long as that legislation is in place, the documents are valid. Perhaps the Home Office is suggesting that as soon as BREXIT takes place, it will repeal the national Regulations and who knows what will be put, if anything, in their place.
Clearly, the Home Office wishes to discourage EU citizens from applying for documents. "