With the anticipated speech from Theresa May out of the way, there seems to be some emerging clarity on the way forward for UK.

Some of the key highlights and its implications:

Take back control of borders, arguing that record levels of migration had “put pressure on public services”

SM2UK Interpretation:
Immigration rules are likely to get tougher with Entry Clearance Officers opting for narrower interpretations of rules and exercising lesser discretions. Appeals are likely to be prolonged.

No longer be under the jurisdiction of the European court of justice, because “we will not have truly left the European Union if we are not in control of our own laws”

SM2UK Interpretation:
Applicants who have been refused under UK Immigration laws are no longer likely to have ‘backdoor’ entry via the EEA Family Permit routes.

Falguni Laheru, Solicitor and Principal Director at SmartMove2UK

“Explicitly rule out membership of the EU’s single market” because that is incompatible with migration controls

SM2UK Interpretation:
There will be focus on country to country deals, so the EU member states that have large number of British citizens staying there likely to get better deal for their citizens in UK.

Not stay in the customs union, but try to strike a separate deal as an “associate member” to make trading as “frictionless as possible”

Not be required to “contribute huge sums to the EU budget” but simply pay towards specific programmes

But would seek a “new, comprehensive, bold and ambitious free trade agreement” with the EU, and build trading relationships with countries beyond Europe as part of a “global Britain” strategy

SM2UK Interpretation:
With EU leaders set against UK cherry picking areas it wants to deal in, this subject is likely to witness intensive negotiations.
With the speech indicating that the process would be expected to be complete by March 2019, it is likely that the Article 50 would be triggered in March 2017. It continues to remain our advice that EEA nationals (and their family members) consider applying to the Home Office for documentation recognising their rights of residence/permanent residence in the UK (and, where appropriate, naturalise as British) to put them in the strongest position when Brexit becomes a reality.

If you have any queries regarding applying for EEA Family Permit, EEA Residence Card for your non EEA Family member, EEA Registration certificate for EEA or EU National, Permanent Residence or Naturalization then contact our UK Immigration Solicitors for advise and assistance in applying for the same. You can call on +91 22 2850 9857 or +91 98191 27002 or email info@smartmove2uk.com

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