Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Brexit

New EU immigration regulations may lead to deportations

597 replies

Mistigri · 27/02/2017 13:02

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).

OP posts:
Mistigri · 28/02/2017 18:28

I'm nicking this from Elements post on another thread, because it's very relevant here (from the grauniad, but it'll be all over the press by tomorrow):

A Scottish woman and her French scientist husband have decided to quit the UK because of Brexit after his application for permanent residency was rejected by the Home Office, despite him working in the country for more than 20 years.

...Bruno Pollet came to Britain in 1991 as part of an Erasmus programme when he was studying in Grenoble. He ended up staying, and married Emma six years ago.

Now a visiting professor of energy and environment at Ulster University and a researcher for a power company in Swansea, he told the Guardian last October that he felt like a second-class citizen, but had decided that in order to protect his family’s right to remain in the country he was reluctantly going to complete the 85-page application form for permanent residency.

He felt confident he would succeed in getting the residency card as he was scrupulous about paperwork and also had gone to the trouble of obtaining 100 pages of HMRC records of tax paid in the UK since he worked in a pub as a student.

On 4 February he received a letter from the Home Office telling him his application was rejected.

That's pretty fucking depressing and undeniable evidence that the HO are going to play hardball.

OP posts:
CakeAhoy · 28/02/2017 18:34

I am surrounded by people who will be LOVING this news.

Seriously, they couldn't give a fuck if some woman is dragged screaming out of the country seperated form her children...if that woman is polish/romanian/not them.

In fact they'd cheer for it.

My best friend in the whole world is polish, she has been through so many things with me, helped me when no one else would.

No she has to sit in some cases listening to her husbands friends explain why it's perfectly ok to throw people like her out AngrySad

woman12345 · 28/02/2017 19:22

CakeAhoy And the British owe a debt of gratitude to the Polish airforce helping in the war, Flowers to your mate.

Same will happen here. We didnt know, we didn't see it coming, we didn't realise, this is NOT what we wanted
I agree. Redandyellow

Brexit was a decision made under such pressure, In a time of such poverty and injustice in Britain particularly, this was a vote of anguish, and Banks is loving it.

Imagine this happening in 1998, people would have laughed.

CakeAhoy · 28/02/2017 19:27

woman12345 one of the many facts I point out regularly to twats some locals.

It falls on deaf ears.

I swear it's gotten to the point where I actually believe that if Polish people, as a whole, solved world hunger, cured cancer and handed out free beer certain people would still want them out.

Sad

I just can't understand what's happening anymore.

Anon1234567890 · 28/02/2017 19:30

New EU immigration regulations may lead to deportations

Isn't this a reason to leave the EU?

TheElementsSong · 28/02/2017 19:51

And Cake's point is proved.

Anon1234567890 · 28/02/2017 19:54
Grin
GhostofFrankGrimes · 28/02/2017 19:57

I just can't understand what's happening anymore.

There has always been a nasty under current on xenophobia in this country. The anti EU narrative has brought it out into the open. Every problem created by consecutive UK governments is pinned on foreigners.

Anon1234567890 · 28/02/2017 20:21

There has always been a nasty under current on xenophobia in this country

Really? Or are you confusing it with the rejection of freedom of movement. Which is not xenophobic.

GhostofFrankGrimes · 28/02/2017 20:24

Horrible spike' in hate crime linked to Brexit vote, Met police say

www.theguardian.com/society/2016/sep/28/hate-crime-horrible-spike-brexit-vote-metropolitan-police

RedAndYellowPeppers · 28/02/2017 20:34

I agree ghost.

It's not an issue with the rejection of FOM. This was there before Brexit. The difference is that, before it was always said with a 'im not racist but...' before hand and it wouldn't have going further. Pressure opfrom society were stopping people from saying anymore. Now they feel it's ok to say it and more.

Anon1234567890 · 28/02/2017 20:41

Horrible spike' in hate crime linked to Brexit vote, Met police say

Where is the evidence that hate crime has actually increased as opposed to an increase in reporting it, due to the focus of Brexit.

BBC/SKY news seems to indicate Brexit has encouraged more people to report it without any actual increase. So remoaner spin?

Mistigri · 28/02/2017 21:11

Sir Bernard Hogan-Howe, the Metropolitan police commissioner, told a hearing at London’s City Hall that hate crime was showing signs of decreasing after a sharp rise in June and July, but it had still not returned to pre-referendum levels.

One would hope that Sir Bernard, a man paid to know these things, is accurately informed about such things. Or are you calling him a liar too?

Happily in London it does appear that hate crimes are now falling, although there was a nasty one at the weekend that has had surprisingly little coverage (man drove his vehicle into a group of Romanians).

OP posts:
TheElementsSong · 28/02/2017 21:13

Sir Bernard Hogan-Howe, the Metropolitan police commissioner

Pffft. He sounds like an expert. An anonymous poster on an internet forum clearly will know better than an expert.

Tryingtosaveup · 28/02/2017 21:14

Theresa May is right.
She is simply upholding British law.
Remoaners on here have been saying that the UK could have done a lot more to control immigration, well now we are. Only people who have no right to stay are being deported.
I agree that people who have no right to live here should have private medical care. Why not? Why should they have free access to the NHS?

RedAndYellowPeppers · 28/02/2017 21:19

Well if people have no right to stay in the uk, then they wouldn't be here would they? So why on earth would they need a private health insurance in the uk Confused

Mistigri · 28/02/2017 21:19

Arron's Angels out in force tonight ;)

It's always been the case that the UK could restrict FoM more than it chose to do. However, what's being proposed now looks on the face of it like a breach of EU law (at a time when we haven't left or even formally signalled our intention to leave, and when we need all the goodwill we can get) as well as potentially being the economic version of shooting yourself in the foot.

OP posts:
TheElementsSong · 28/02/2017 21:26

Theresa May is right. She is simply upholding British law... Only people who have no right to stay are being deported.

www.theguardian.com/world/2017/feb/28/scottish-woman-and-french-husband-quit-uk-over-brexit?

Yes! I see the light thanks to Trying's incredibly thoughtful posts! Teresa May is a visionary! We must get rid of professors of energy and environment with the greatest of urgency - my God, they're experts... and elites... and probably metropolitan liberals... and worst of all, married to British spouses.

Tryingtosaveup · 28/02/2017 21:29

Redandyellow, FOM for EU nationals under Treaty rules applies to workers. People who are not working, or seeking work have no right to live here and can be deported.
Not everyone who lives here has a right, under FOM, to stay here. If people are here and not working they need private medical insurance.
These rules have not changed they are being enforced.

RedAndYellowPeppers · 28/02/2017 21:42

Nope. You can stay in an EU country if you are self sufficient. That's how all the retired Brits have been able to go to live in Spain totally LEGALLY. Somthe rule ain't about not working. It's about not living from benefits only in your host country.

The rule about health insurance has CHANGED (in the second part of 2015 so just in time for Brexit ...) and has been applied RETROSPECTIVELY which means that people who have been following the rule have done so BY CHANCE, not because they wanted to.
That also means that people who didn't follow the rule didn't do it intentionally either.

The only thing you can ask now is for people to have a private health insurance now. You shouldn't ask them to have one BEFORE the change of the rule (one that has been done wo telling anyone btw, just in case people could actually you know follow the rules??)
But even that is something that another country has tried to do before (France) and they were told that they couldn't do it under the EU rules so actually the UK is unlikely to be able legally enforce that either....

RedAndYellowPeppers · 28/02/2017 21:45

And mistigri the uk could have enforced the rules of the FOM at anytime if it had wanted to.
Like France has done by sending roumanian back home who settled there wo any plan to work.
Like Spain has done re their NHS.
The uk has CHOSEN not to apply all those rules.

It's a bit rich to them blame the EU citizens thatcame and followed the rules the uk has ESTABLISGED FOR ITSELF.

It's also a bit rich to use that as an excuse to put very restrictive rules in place (see the new regulation from the 1st February) when it doesn't need anything like to send the homeless roumanian back home.

Anon1234567890 · 28/02/2017 21:50

Sir Bernard Hogan-Howe, the Metropolitan police commissioner, told a hearing at London’s City Hall that hate crime was showing signs of decreasing after a sharp rise in June and July, but it had still not returned to pre-referendum levels

Hate crime is a stat that records all reported hate crime as hate crime, its actually irrelevant whether or not it actually was a hate crime. So its very possible that Bernard is very accurately reporting the consequences of a Brexit vote in the same way the chancellor reported the need for a punishment budget.

Mistigri · 28/02/2017 21:54

People who are not working, or seeking work have no right to live here and can be deported.
Not everyone who lives here has a right, under FOM, to stay here. If people are here and not working they need private medical insurance.
These rules have not changed they are being enforced.

This is largely incorrect, unsurprisingly.

Non-working spouses of EU citizens have the legal right to reside in the UK, they do not need medical insurance (except to claim ILR). EU citizens who are ordinarily resident in the UK can use the NHS.

This will most likely change after brexit, but in the meantime, any attempt to deport EU citizens in breach of EU law would make negotiations with the Eu27 very difficult.

OP posts:
woman12345 · 28/02/2017 21:58

nasty one at the weekend that has had surprisingly little coverage (man drove his vehicle into a group of Romanians
similar one in New Orleans today.

TeamLentil · 28/02/2017 22:09

EU citizens who are ordinarily resident in the UK can use the NHS.

EU citizen here. Worked for 10 years, now a student (retraining). The above was my understanding, yet when I applied for permanent residency recently the form specified very clearly that I had to provide proof of either private health insurance or my country's health service card. Luckily, I have both but I'm rather baffled and frankly quite a bit worried at the turn of events.

Swipe left for the next trending thread