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Brexit

Can someone explain the free movement thing to me, please?

53 replies

knottedwood · 28/06/2016 12:27

I'm a Remainer, I've done well out of the EU, freedom of movement etc. has worked for me.
BUT it's clear that
a) it has genuinely undermined some people's livelihoods; and/or
b) it is a convenient thing for other people to blame for wider dissatisfaction/ alienation

Whatever anyone thinks about the rights or wrongs of immigration, it's been a massively hot political potato for ages.

Given this, and (particularly) given the strength of feeling that's been made unignorable by the referendum result, why doesn't Britain, temporarily, put restrictions on the movement of people in/out of Britain?

My (untutored) reading of relevant bit of EU stuff on Wikipedia (great source, I know) suggests that this WOULD be possible:

  • it says that "subject to limitations justified on grounds of public policy, public security or public health" people are allowed to
  • accept offers of employment, be employed, and having BEEN employed, remain in other member states.

So:
a) why can't a temporary suspension 'on the grounds of public policy' be brought in?
b) why can't free movement - with a job offer - be allowed, but not otherwise.

OP posts:
lasttimeround · 29/06/2016 16:04

The press often describe it in those terms but it you look at the law what I described is accurate. Although it's contested what you can do in those 3 months in terms of accessing entitlements and what happens once they are over in terms of immigration control applying to you

PlatoTheGreat · 29/06/2016 16:22

The reason for the 3 months rule us txt you are not seen as 'living in that country' until you ha e been there 3 months.
As a BC fur example you can not claim any benefits or NHS for 3 months after your return from overseas.

As to have barriers in place to make it hard immigrants from the EU to find work....
How are you going to do that if said workers are supposed to be treated the same than British workers???

lasttimeround · 30/06/2016 17:24

There's 2 different 3 month rules that tend to get conflated. But legally are different and separate. One is the 3 months free movement rule under EU treaty which is actually 3 months. The other is that lots of government agencies use 3 months as a rule of thumb for determining habitual residence. That's actually not a set 3 months in.law but frequently hard to challenge as it's so widespread. Habitual residence is actually just exactly that. Where do you live. Sometimes time of residence establisheat that but in some circumstances it's just that you live there apart from the purpose of claiming a service or benefit but because that is your life

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