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New EU immigration regulations may lead to deportations

(598 Posts)
Mistigri Mon 27-Feb-17 13:02:27

Article on new HO regulations concerning the rights of EU citizens in the UK:

www.freemovement.org.uk/briefing-legal-status-eu-citizens-uk/

On the face of it, these new rules would appear to give the HO the right to deport any EU citizen without permanent residency rights, who is not currently exercising treaty rights and who does not have private health insurance. This will include many EU spouses of UK citizens who are not currently working and cannot document a 5 year period during which they exercised treaty rights - regardless of the amount of time they have spent in the UK.

This gives a whole new slant to those HO letters suggesting that EU citizens make plans to leave. Might be time for affected EU citizens to consider legal advice :-/

(Weird and hostile way of opening negotiations with the EU27 over migrants' rights - I am coming to the conclusion that May may actually want the negotiations to fail).

Peregrina Mon 27-Feb-17 14:54:57

I think she will want them to fail so that she can pass the buck. "Not my fault, nasty EUs fault."

There will come a time when that argument just won't wash. A bit like now, blaming things on previous Labour Governments is wearing a bit thin because it's seven years since they were in power.

RufusTheSpartacusReindeer Mon 27-Feb-17 17:20:03

Sorry

What are treaty rights?

originalbiglymavis Mon 27-Feb-17 17:23:39

So Nigel's wife and (alleged) girlfriend might get their marching orders?

Mistigri Mon 27-Feb-17 18:57:56

Treaty rights = FoM as defined in EU treaties - ie freedom to move anywhere in the EU for work.

Can be hard to prove if you have worked in the distant past but have since retired or given up work to become a carer, or if you have moved as a non-working spouse. The guardian reported today that 28% of EU citizen applications for permanent right to remain are being refused.

woman12345 Mon 27-Feb-17 19:30:19

Right to stay removed, right to move to EU removed. Horrendous.
John Major has joined the critics.
And the reality is mums(mainly) being told to leave their homes.

woman12345 Mon 27-Feb-17 19:30:45

flowers for the thread.

woman12345 Mon 27-Feb-17 19:31:59

Channel 4 news running an item on it now.
"It's horrendous. I am worried about us being split, a knock at the door."

woman12345 Mon 27-Feb-17 19:34:32

"I feel betrayed by my people, they are torturing my family." says husband of Polish wife.

DorothyL Mon 27-Feb-17 19:51:16

My anxiety about all this skyrocketing again...
Does anyone know: if I'm exercising treaty rights NOW, is that enough even though I haven't got five years of exercising treaty rights?

woman12345 Mon 27-Feb-17 20:12:49

DorothyL afraid I have no legal advice to offer but flowers and solidarity.

RedAndYellowPeppers Mon 27-Feb-17 20:18:44

I've always assumed nothing would happen for another two years as we were still in the eu and being in the EU equals freedom of movement.

I have no idea how her proposal can be put in place. How are they supposed to check if one has a PRC? Or is the following on from that that anyone who isn't a British citizen or doesn't sound or look like one will have to carry their permanent residence card or the visa with them at all time??

Having said that, this is what I though she would do right from the start.
TM is also saying that the uk needs the immigrants here and that the uk cannot cope wo them. But she still tanks she can have her cake and eat it, basically sending away people as much as she can to make her look good and then have people happy to come here for a maximum of 5 years, pay all their taxes, NOT get one penny from the government and esp never have any pension at all.

In her head, I'm sure it makes a lot of sense.

RedAndYellowPeppers Mon 27-Feb-17 20:22:48

Dorothy you can at least get the registration certificate (please someone correct me if I'm wrong!!) as a first step.

Then I would contact a immigration lawyer ASAP.

I have been in the process of putting all the docs together for the permanent residence card but haven't send them yet (still missing a few of them).
This is an emergency now sad

RedAndYellowPeppers Mon 27-Feb-17 20:24:08

Btw, plenty of people are horrified at the story of the grandmother been sent back to Singapore.
I'm wondering if that many people will be horrified by families being split and people being deported when it will be about us, eu citizens.

TheElementsSong Mon 27-Feb-17 20:28:50

I'm wondering if that many people will be horrified by families being split and people being deported when it will be about us, eu citizens.

I'm horrified, RedandYellow.

Lico Mon 27-Feb-17 20:42:53

Thanks for this thread.
Theresa May will get her come uppance.
My grand mother used to say: ' if you throw shiet in the air, it will come down and land back on you'.

fakenamefornow Mon 27-Feb-17 20:53:16

My mum (and other relatives) will be delighted. They voted out exactly because they wanted foreigners booted out, they have become more and more vocal about it. I'm really starting to hate my family for this.

IvorHughJarrs Mon 27-Feb-17 21:26:35

Is it possible that this is just posturing in preparing to negotiate with the EU, i.e. we are not going to be a pushover and agree to everything without getting concessions back? I don't know anything about migration so genuinely don't know if that may be the case

There is another thread running about the lady deported to Singapore and it does sound as though there may be more to that than it sounds from the headlines

RedAndYellowPeppers Mon 27-Feb-17 21:28:43

I know some posters in here are.
And I know some people in the uk are. I've met a few of them. And most of them never wanted to believe me a few months ago when I said that this was the way I could see things going.

But the question is, would this even people be active enough, strong enough or just plainly will there be enough of them to fo out and demonstrate against it? Will there be enough of them to put enough pressure on the government to stop playing with people's Life?

Mistigri Mon 27-Feb-17 21:59:20

it does sound as though there may be more to that than it sounds from the headlines

Be wary of what you read on MN; some of that comes straight from Twitter, and you should verify the sources before taking it at face value. Victim blaming often with made up "facts" is a common tactic of political trolls on Twitter.

Regardless of the facts of that case, the problem is that real life migration very often isn't a simple straightforward matter of leaving one country behind and moving to another permanently. Many migrants have moved around, they may have left behind elderly parents, or have other personal complications that rigid immigration laws struggle to cope with. In the Clennel case, it seems that the immigration officer may have had discretion, should s/he have chosen to exercise it; the problem is that guidelines are not always followed and hardline policies tend to filter down into decision-making processes which are often not cut-and-dried.

RedAndYellowPeppers Tue 28-Feb-17 08:47:40

Btw mistigri thank you for that link.

I don't think that that many eu citizens are aware of e new regulation, nor that, for what I understand, it looks like people who have been here for less than 5 years or don't have the permanent residence card can actually be deported.

These regulations and policies increasingly suggest that an EU citizen who is physically present in the UK but who the Home Office considers does not have a right of residence is in a precarious and unlawful position and can be removed from the UK at any time. New powers have been assumed by the Home Office to do just that: remove an EU citizen who has no “right to reside” under the UK’s already restrictive regulations.

This is VERY scary.

woman12345 Tue 28-Feb-17 09:00:17

Agree RedAndYellowPeppers
For anyone who's not seen this petition, please could you sign, as some one pointed out on another thread, it's still only at about 28 000 signatures:

petition.parliament.uk/petitions/172343/signatures/thank-you

fakenamefornow Tue 28-Feb-17 16:09:21

These regulations and policies increasingly suggest that an EU citizen who is physically present in the UK but who the Home Office considers does not have a right of residence is in a precarious and unlawful position and can be removed from the UK at any time. New powers have been assumed by the Home Office to do just that: remove an EU citizen who has no “right to reside” under the UK’s already restrictive regulations.

I think an awful lot for voters will be pleased by this though. I've talked about my family a lot over the years on MN. They all voted Leave. If you asked then why they would give very reasonable sounding arguments about immigration, they wouldn't come across as overly racist, just with legitimate concerns. Behind closed doors it's a completely different story and actually foreigners being forced to leave (they should all be rounded up and booted out, in their words) would be music to their ears, they wouldn't care how much it cost. I'm really bringing to think that a lot of people think like this. Look at all the things Trump said, and he was elected and is very popular with many people in the UK. I think these people have always held these views, it's just becoming more acceptable to voice them and they have politicians supporting their views.

woman12345 Tue 28-Feb-17 16:27:47

fakenamefornow Think you are completely right there.
I'm really bringing to think that a lot of people think like this I think there's a natural inclination in humans towards racism, like bullying or discarding the weak. Just in a civic civilised society, man's baser tendencies are held back for the greater good. Every culturally and economically rich country there's ever been has become multi cultural. And vice versa.
Racism is always a great vote winner, always was and always will be. That's why we 'had' EU and ECHR. sad

Peregrina Tue 28-Feb-17 17:20:23

Behind closed doors it's a completely different story and actually foreigners being forced to leave (they should all be rounded up and booted out, in their words) would be music to their ears, they wouldn't care how much it cost.

I think your right, and like Nazi Germany, it won't be brought home to people, until that nice doctor they had, or the teacher who inspired them is no longer there. Then it would be the classic excuse 'oh we didn't mean them'.

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