Protecting EU Citizens in the UK from a Brexit ‘Windrush on Steroids’: A Legislative Proposal for a Declaratory Registration System

DCU Brexit Institute – Working Paper N. 8 - 2019

30 Pages Posted: 9 Aug 2019

See all articles by Stijn Smismans

Stijn Smismans

Cardiff University - School of Law and Politics

Date Written: August 6, 2019

Abstract

Three years after the Brexit referendum, the more than 3 million EU citizens residing in the UK still have no clarity what their legal status will be after Brexit. It is uncertain whether the Withdrawal Agreement will ever be adopted, while national measures adopted by the UK Government do not provide proper protection. The ‘EU Settlement Scheme’ has been adopted through secondary legis-lation, which can be easily changed over time, thus providing limited security. Moreover, the Scheme introduces an application system which will turn legally residing EU citizens into illegal immigrants if they do not apply successfully by the deadline, leading to scenario’s similar to those seen with the Windrush scandal.

It is high time that the UK legislator takes appropriate action. This paper presents a full legislative proposal to turn the EU Settlement Scheme into a declaratory registration scheme that will ensure that EU citizens receive a document proving their status, while avoiding turning them into illegal immigrants. It equally provides a proposal to define the rights of these citizens into primary legisla-tion so they cannot be easily undermined.

Keywords: Brexit EU Citizenship Residency UK Legislation Proposal

JEL Classification: K33

Suggested Citation

Smismans, Stijn, Protecting EU Citizens in the UK from a Brexit ‘Windrush on Steroids’: A Legislative Proposal for a Declaratory Registration System (August 6, 2019). DCU Brexit Institute – Working Paper N. 8 - 2019. Available at SSRN: https://ssrn.com/abstract=3433055 or http://dx.doi.org/10.2139/ssrn.3433055

Stijn Smismans (Contact Author)

Cardiff University - School of Law and Politics ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom

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