British Immigration Law
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British Immigration Law
United Kingdom immigration law is the law that relates to who may enter, work in and remain in the United Kingdom. There are many reasons as to why people may migrate; the three main reasons being seeking asylum, because their home countries have become dangerous, people migrating for economic reasons and people migrating to be reunited with family members. History Comprehensive regulation of immigration is a modern area of law, which grew particularly during the late 20th century as ordinary people became more globally mobile, and the United Kingdom became an increasingly attractive place to live and work. The original inhabitants of the British Isles are thought to be Celtic, though for centuries people from surrounding countries had come to settle. Notably, the Roman conquest of 50BC brought many Latin settlers, the Viking expansion around Scandinavia brought many people of that origin from the 8th century to the 11th century, and the Norman conquest of England from 1066 es ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ...
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Home Secretary
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national security, policing and immigration policies of the United Kingdom. As a Great Office of State, the home secretary is one of the most senior and influential ministers in the government. The incumbent is a statutory member of the British Cabinet and National Security Council. The position, which may be known as interior minister in other nations, was created in 1782, though its responsibilities have changed many times. Past office holders have included the prime ministers Lord North, Robert Peel, the Duke of Wellington, Lord Palmerston, Winston Churchill, James Callaghan and Theresa May. In 2007, Jacqui Smith became the first female home secretary. The incumbent home secretary is Suella Braverman. The office holder works alongside the ot ...
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Ireland Act 1949
The Ireland Act 1949 is an Act of the Parliament of the United Kingdom intended to deal with the consequences of the Republic of Ireland Act 1948 as passed by the Irish parliament, the Oireachtas. Background Following the secession of most of Ireland from the United Kingdom in 1922, the then created Irish Free State remained (for the purposes of British law) a dominion of the British Empire and thus its people remained British subjects with the right to live and work in the United Kingdom and elsewhere in the Empire. The British monarch continued to be head of state. However, by 1936, systematic attempts to remove references to the monarch from Irish constitutional law meant that the only functions remaining to the Crown were: * signing Letters of Credence accrediting Irish ambassadors to other states; and * signing international treaties on Ireland's behalf. This ''status quo'' remained, with Ireland participating little in the British Commonwealth and Éamon de Valera rem ...
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British Nationality Law And The Republic Of Ireland
Irish citizens in the United Kingdom enjoy a special status when residing there, due to close proximity of the UK and Ireland and historical ties between the two countries. They are considered to have automatic and permanent permission to live in the UK and are eligible to vote, stand for public office, and serve in non-reserved government positions. Background Since the Norman invasion of Ireland in the late 12th century, England has been politically and militarily involved on the island. English control was largely restricted to the area around Dublin known as The Pale until 1603, when the entire island was assimilated into the Kingdom of Ireland at the completion of the Tudor conquest. After passage of the Acts of Union 1800, Ireland was merged with the Kingdom of Great Britain to form the United Kingdom of Great Britain and Ireland. Resistance to the Union and desire for local self-governance led to the Irish War of Independence. Following the war, the island of Irelan ...
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Indefinite Leave To Remain
Indefinite leave to remain (ILR) or permanent residency (PR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay and who is free to take up employment, engage in business, self-employment, or study. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter (ILE). A person who has indefinite leave to remain, the right of abode or Irish citizenship has settled status if resident in the United Kingdom (all full British citizens have the right of abode). A person with indefinite leave to remain is eligible for access to public funds and welfare in the UK. Indefinite leave is not a permanent status. It can lapse where the holder has stayed outside the United Kingdom for a continuous period of two years and one day or more. Settled status is central to British nationality law, as the most usual route t ...
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European Union Settlement Scheme
The European Union Settlement Scheme (the EU Settlement Scheme or EUSS) is an immigration regime of the United Kingdom introduced by the Home Office in 2019, under the new Appendix EU of the UK's Immigration Rules, in response to the Brexit situation. EUSS processes the registration of nationals of EU and EFTA countries who were resident in the United Kingdom prior to the end of the Brexit transition/implementation period (which followed the technical departure of the UK from the European Union) at 11pm GMT on 31 December 2020 ("IP completion day"). Successful applicants receive either 'pre-settled status' (a special form of Limited Leave to Remain) or 'settled status' (a special form of Indefinite Leave to Remain), generally depending on the length of time they have been resident in the United Kingdom. The system also provide rights to particular types of family members, whether residing in the UK before IP completion day or not, of those EU and EFTA nationals, as long as th ...
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Immigration (European Economic Area) Regulations 2016
The Immigration (European Economic Area) Regulations 2016, or EEA Regulations 2016 for short, constituted the law that implemented the right of free movement of European Economic Area (EEA) nationals and their family members in the United Kingdom. The regulations were repealed by the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 on 31 December 2020, at the end of the transition period. The regulations stand as amended by the following statutory instruments: SI 2017/1, SI 2017/1242, SI 2018/801, SI 2019/468, SI 2019/1155. The Regulations were based on Directive 2004/38/EC. This allowed EEA citizens and their family members to live and work in the UK without explicit permission, and British citizens to work elsewhere in the EEA. Family members may have needed a special entry clearance (the EEA family permit) to enter the UK. The Regulations replaced the Immigration (European Economic Area) Regulations 2006 apart from Articles 7A and 7B which are saved fr ...
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Immigration (European Economic Area) Regulations 2006
The Immigration (European Economic Area) Regulations 2006 (or ''EEA Regulations'' for short) amended by SI 2009/1117, SI 2011/1247 and SI 2015/694 which have now been mostly repealed and superseded by the Immigration (European Economic Area) Regulations 2016 was a piece of British legislation which implemented the right of free movement of EEA nationals and their family members in the United Kingdom. It is based on Directive 2004/38/EC. It allows EEA citizens and their family members to live and work in the UK without explicit permission. Although Swiss citizens are covered by a separate bilateral agreement; they are treated basically the same as EEA nationals. Family members may need a special entry clearance (the EEA family permit) to enter the UK. Legal context The basis of the Immigration EEA Regulations 2006 is Directive 2004/38/EC. Member states are bound by the EC treaties to implement Directives into national law. However, a significant amount of case law (or prec ...
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Citizens' Rights Directive
The Citizens’ Rights Directive 2004/38/EC (also sometimes called the "Free Movement Directive") defines the right of free movement for citizens of the European Economic Area (EEA), which includes the member states of the European Union (EU) and the three European Free Trade Association (EFTA) members Iceland, Norway and Liechtenstein. Switzerland, which is a member of EFTA but not of the EEA, is not bound by the Directive but rather has a separate bilateral agreement on free movement with the EU. It consolidated older regulations and directives, and extended the rights of unmarried couples. It gives EEA citizens the right of free movement and residence across the European Economic Area, as long as they are not an undue burden on the country of residence and have comprehensive health insurance. This right also extends to close family members that are not EEA citizens. After five years, the right of residence becomes permanent, which means it does not depend on any preconditio ...
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Treaty On The Functioning Of The European Union
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the Treaties of the European Union, constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishing the European Community (TEC). The Treaty originated as the Treaty of Rome (fully the ''Treaty establishing the European Economic Community''), which brought about the creation of the European Economic Community (EEC), the best-known of the European Communities (EC). It was signed on 25 March 1957 by Belgium, French Fourth Republic, France, Italy, Luxembourg, the Netherlands and West Germany and came into force on 1 January 1958. It remains one of the Treaties of the European Union, two most important treaties in the modern-day European Union (EU). Its name has been amended twice since 1957. The Maastricht Treaty of 1992 removed the word "economic" from the Treaty of Rome's official title and, in 2009, the ...
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Brexit Withdrawal Agreement
The Brexit withdrawal agreement, officially titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, is a treaty between the European Union (EU), Euratom, and the United Kingdom (UK), signed on 24 January 2020, setting the terms of the withdrawal of the UK from the EU and Euratom. The text of the treaty was published on 17 October 2019, and is a renegotiated version of an agreement published half a year earlier. The earlier version of the withdrawal agreement was rejected by the House of Commons on three occasions, leading to the resignation of Theresa May as Prime Minister and the appointment of Boris Johnson as the new prime minister on 24 July 2019. The Parliament of the United Kingdom gave its approval to the agreement on 23 January 2020 and the UK government deposited Britain's instrument of ratification on 29 January 2020. The agreement was ratified by the Council o ...
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Brexit
Brexit (; a portmanteau of "British exit") was the withdrawal of the United Kingdom (UK) from the European Union (EU) at 23:00 GMT on 31 January 2020 (00:00 1 February 2020 CET).The UK also left the European Atomic Energy Community (EAEC or Euratom). The UK is the only sovereign country to have left the EU or the EC. Greenland left the EC (but became an OTC) on 1 February 1985. The UK had been a member state of the EU or its predecessor the European Communities (EC), sometimes of both at the same time, since 1 January 1973. Following Brexit, EU law and the Court of Justice of the European Union no longer have primacy over British laws, except in select areas in relation to Northern Ireland. The European Union (Withdrawal) Act 2018 retains relevant EU law as domestic law, which the UK can now amend or repeal. Under the terms of the Brexit withdrawal agreement, Northern Ireland continues to participate in the European Single Market in relation to goods, and to be a member o ...
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