DRAFT — OFFICIAL SENSITIVE EXECUTIVE SUMMARY (On 26 June, the Government published its fair and serious offer to protect the rights and entitlements of existing European Union (EU) residents in the United Kingdom.’ This set out that qualifying EU citizens”, who arrived in the UK before a specified date, would be able to apply for ‘settled status’ in UK law — meaning that they would be free to reside and undertake any lawful activity, and to access public funds and services. We were clear that there would be a smooth transition following our departure from the EU, and no cliff-edge for individuals or employers. The Government also said that, after the UK leaves the EU, free mi Se ld end but migration between the UK and the EU would continue. pong Bnet the UK, economically, culturally and socially. Our businesses; ae re, public services, voluntary organisations and universities rely to a mae sser extent on migration for labour, skills and ideas, The UK is a toley untry, open for business and will stay that way. We will remain a hub fo®intelyational talent, which attracts talent from across the world. Our departu EU must be seen in this context. Cy But sharply increased levels of net migratign sits" 1997, from both the EU and beyond, have given rise:to public concer Day res on public services and wages. These concems about the sien of unrestricted migration from the EU featured strongly in the debgf@’ stighunding the referendum on the UK's membership of the EU on 23 J The public must have confidence in our ability to control immigration fi EU. Although net migration from the EU has fallen over the. last year, not exercise control over it at present, as free movement gives EU citizen’ right to reside in the UK regardless of the economic needs of this country. The Government hits therefore made clear that, after our departure, we will end free movement in ftgurrent form. Implementing a new system will take time and need to be done g so that employers, government systems and individuals are able to adapt) THe successor arrangements will be set and adjusted to meet UK needs (foy pia, to meet labour market requirements for certain sectors such as health afd so¥ial care), our wider immigration policy, our economic circumstances and the deebvAnd special partnership we seek to agree with the EU, as well as trade agreements with other countries. In this context, we will want to ensure that the EU provides for similar arrangements for UK nationals travelling to member states after our departure. * Safeguarding the Position of EU Citizens Living in the UK and UK Nationals Living in the EU, published on 26 June 2017. For a detailed legal description of what the term ‘EU citizen’ refers to, please see the glossary.DRAFT — OFFICIAL SENSITIVE We are one of the world’s largest economies, with strong relationships with countries around the world. We will ensure our immigration system is flexible enough to adjust to a progressive approach to bilateral free trade agreements, whether with the EU or other partners. : The Government will seek to strike a balance on future EU migration arrangements. We also wish to engage with a wide range of stakeholders before we take final decisions on these future arrangements. This document sets out how we intend to bring about the necessary chagge¢ inthe framework of our immigration system and some proposals for what th could look like. It is a platform for discussion. We want to listen to, the views of stakeholders, so we can achieve the best possib businesses, other employers and individuals — as detailed in at the end of this document. Final decisions will depend on%Seytience we gather, input from stakeholders, approval by Parliament and, p raven on negotiations with the remaining members states of the EU (the . Given the importance to the UK and the EU of the temporary Implementatiof, |, we will look to discuss how best reciprocal arrangements can be ma immigration and the wider transitional period. ¢ The implementation of future arranger ibe without prejudice to the Common Travel Area arrangements bi a UK and Ireland (and the Crown Dependencies), and the rights ,&UK ghd Irish citizens in each others’ countries rooted in the historical, cul islative ties that have evolved over the last ‘two hundred years (see Cifaptehs). References to EU citizens for the purpose of KEN, to exclude Irish nationals. this document should QS ‘We propose to it luce Changes to our immigration system in three distinct phases. * Phase“ about ensuring EU citizens who arrived, and become resident, cified date are able to continue living here, and are eligible to ly\for ‘settled status’ (covered in further detail below). It is also about ing the foundations for future change: bringing EU migration within a UK © jal framework, through the introduction of an Immigration Bil, building a fetronger evidence base through commissioning the Migration Advisory Committee, and seeking the views of stakeholders on the proposals in this paper. * Phase 2 follows our withdrawal from the EU and introduces a temporary Implementation Period which provides a smooth and’ orderly exit for employers and individuals, whilst introducing the core components needed toDRAFT — OFFICIAL SENSITIVE move towards a future system. The Free"Movement Directive will no longer apply. ‘* Phase 3 is about the introduction of UK rules to control the type and volume of both temporary and permanent migration from the EU, in the national interest. These rules are not yet decided and decisions will be taken following the advice of the independent Migration Advisory Committee and a programme of stakeholder engagement as detailed in the Next Steps section of this document, and taking into account social and economic circumétances closer to the time [- and following our negotiations with the EU.] or Building on this three phase approach, the key component mag new approach are.outlined broadly as follows: 4. Bringing EU migration within a UK legal apa, UL é 1). As set out in the Govemment's White Paper Legislating, for: Inited Kingdom's withdrawal from the European Union’, the Ret By convert EU-derived law into UK law as it stands when we leav Without further change, that would mean that the free movement“of BU citizens to the UK would continue, albeit as part of UK law. — havé ffférefore committed to introduce to Parliament an Immigration Bill,fO‘ygpeal the current EU-derived free movement provisions so as Tae ‘to bring EU citizens within a UK immigration regime.’ The ea| uld do that would be the date the UK leaves the EU. This wi or hat, in future, we will be able to apply immigration rules on jrSigents according to economic and social needs at the time, and to refi agreement reached with the EU. These will not necessarily be the ark rules that apply to non-EU immigration. ° 2. Maintaining’ a Yrnoben entry to, and exit from, the UK for legitimate the EU. The UK already has a strong border and we will fe travelling public to be able to continue to enter and exit We would expect the EU to ensure this remains the case for UK johls travelling to (and within) the EU. For EU citizens, our starting point permission to enter the UK will be conferred automatically and EU ittzens will continue to be able to use electronic passport gates (known as e- jates).° We do not want routinely to question people at the border or put ° https:/www.gov.uk/government/publications/safeguarding-the-position-of-eu-citizens-in-the-uk-and- ‘yk-nationals-in-the-eu * Although this document refers to EU citizens throughout (with some limited exceptions), we will want to apply similar arrangements in respect of the EEA states (Norway, Iceland and Lichtenstein). Switzerlarid has a bilateral agreement with the EU on free movement of persons and we will negotiate successor arrangements with Switzerland. [References to EU citizens should also be taken to exclude Irish nationals, and this is covered in more detail in Chapter 6] 5 Refers to ‘leave to enter’ under the Immigration Act 1971. For a detailed description, please see the glossary. This is also covered in further detail in Chapter 3. 4DRAFT — OFFICIAL SENSITIVE stamps in their passports, but all arriving EU passengers will continue to be ‘subject to standard identity and security checks. We envisage that EU citizens coming as visitors (i.e. as tourists, on short-term business trips or to visit friends and family) will be able to enter the UK without individually being granted permission to do so (technically, ‘leave to enter’). ‘And, during a transitional Implementation Period (Phase 2) after we leave, we intend to apply the same approach to EU citizens coming for other purposes (to work, study etc) as well. ‘We will want to impose the highest standards of security for travel d nts used to enter the UK. This is not achieved by the current Be ot ational identity cards by EU travellers. Therefore we intend to itizens to travel on a passport, as is standard for non-EU tray + we will give adequate notice of this change. We also intend to put in place electronic pre“tigagance processes which, longer-term, may minimise the need for ad cks at the border. We will discuss with the EU their application to ns. When determining whether to rte ego an EU citizen at the border, or whether to deport them, — for reasons to do with criminality or public security - we will want are ‘same criteria as we do now for non- EU nationals as soon as ispr icticable after we leave. }. A smooth and orde Implementation Pe to the UK, emy gids towards the future system through an ‘ase 2). It will be in the interests of those coming ind the UK authorities, to have a predictable, well- understood pro hich moves gradually from the current free movement regime tgdagon of arrangements. Our 26 June publication set out the propos ements for EU citizens resident here before the specified data. Woven that those who qualify will have a grace period of up to two Ae for their residence documentation. Sy citizens arriving after that date, we are proposing that during the plementation Period after we leave — which we expect to last for at least ‘two years - there will be relatively few changes to the current rules concerning access to work, study, self-employment or self-sufficiency. There will however be a requirement to: register with the Home Office to obtain permission to reside and there may be changes to family reunion rules. The registration requirement will only apply to those EU citizens who wish to reside in the UK for longer periods. During the Implementation Period, those coming for shorter stays will be able to work or study or be self-employed 5DRAFT — OFFICIAL SENSITIVE without prior permission. Those on longer stays will be able to take up their activity before they have to register with us, which they will be able to do from within the UK. The criteria for a residence permit will include basic proof of employment/self- employment or study status, or self-sufficiency, building on the criteria set out in the EU Free Movement Directive. In order to protect against identity fraud, we may also wish to take the fingerprints of those new arrivals who are registering and, as nows on out a security check. We aim to ensure that the registration. straightforward as possible, reasonably-priced and as digita¢’p! as we can make it. « < The residence permit will show entitlements, such: &y. ‘ability to settle permanently in the UK. During the Impleme se Bae, we intend that those who are working in highly-skilled occu have a right to settle after five years continuous residence. ey EU citizens arriving during the at ntatiéii Period may be able to bring their dependants, or to be joined Rad a later date, providing they meet + certain rules. Our intention is tha les on dependants will be based on those which apply to UK ni non-EU nationals with settled status, who wish to be joined x no| =EAMopendants By the end of the gio ntation Period, the UK will have processed the applications for seitieff status of those EU citizens who arrive before the specified date (gs Gog: tin our 26 June paper) and also have a functioning registration ystein- which will have registered everyone arriving after our exit. The adrpifistative foundation will then have been lad forthe permanent rules (Prasere iftend to introduce from that point on. 4, Aftetithe Implementation Period, the UK will be able to set the rules to the type and volume of temporary and permanent migration from EU (Phase 3). Our departure from the EU means the end of rights- ased, unconditional’ free movement, but not the end of EU migration. The difference will be that the Government will have the essential componients in place to be able to control EU, as well as non-EU, migration and to introduce amore selective approach. For the future system, following a programme of engagement and evidence gathering, the Government will take a view on the economic and social needs of the country as regards EU migration rather than leaving this decision entirely to those wishing to come here, and employers. This will depend on many factors, such as the desired future levels of 6DRAFT — OFFICIAL SENSITIVE immigration, skill shortages and any negotiated commitments. But the Government will be in a position to decide on the rules, as it does now for non-EU nationals. For example, we may require EU nationals seeking to reside in the UK, for example to work, to obtain permission to do so before taking up employment or before entering the UK, we may require employers to recruit locally first, or we may restrict access to occupations that are not in shortage, particularly in non-highly skilled occupations. In making the rules, we will still be guided by our ambition to achieve sustainable levels of net migration. x, . Decisions based on evidence and engagement. We have ox ned a the independent Migration Advisory. Committees (MAC) take a technical study which explores how the economy current of, and recruits, EU citizens, including non-traditional modern, Of work, and the potential impacts of changes in EU migra the economy. > In addition to the engagement process proposef{ jmthe ‘Next Steps’ section of this document, the MAC are also consult iders and their report will help create a wider evidence base to i e development of a future immigration system that works for everyoé. This builds on the significant data already available, including aety/Oce for National Statistics and within government. The annex ‘dScument also sets out key facts about EU migration. Before we ta lc and detailed rules for Parliament to consider, we will continu for the proposed EU Ns je with stakeholders, starting with the rules r is scheme which we announced on 26 June. 2 i = é ° 2 and historic ties with Ireland and maintaining the . UK and Irish nationals have specific rights to travel freely withjgf the ‘Geinmon Travel Area and to live in each others’ country. ments between the UK and Ireland (and the Crown ies) will continue after our departure from the EU, and there will be I change in the movement of EU citizens within the Common aining a safe haven for those fleeing persecution in their home ountry. The UK's adherence to the UN 1951 Refugee Convention and the European Convention on Human Rights is unaffected by our departure from the EU. We will work with partners in the EU and beyond to ensure a comprehensive and compassionate approach to those needing protection. 8. An approach for the whole of the UK. The Uk’s future immigration system must be flexible enough to serve a. range of interests, reflecting the diverse needs of all parts of the UK, its Crown Dependencies and Gibraltar.DRAFT — OFFICIAL SENSITIVE A fair deal for EU citizens already in the UK Our policy document, published on 26 June 2017, clearly sets out that we want to ensure EU citizens (and their family members) who arrived and became resident before a specified date (which we have said will not be earlier than the date we triggered the Article 50 withdrawal process and not later than the day we leave the EU) are able to continue not only to be able to live here as they do now, but also to enjoy other important rights, such as access to healthcare, social security and pensions. They will be eligible to apply for settled status in the UK. We XG a fair and reciprocal deal for those UK nationals who are resident in the EU: > We will be asking these EU citizens to identify eee ~\ get documentation from us in order to secure their new status in UK; S ‘we leave. We are planning to set up an application process before we ¢ U to enable those who wish to do so to get their new status in, advance gt jexit. We expect there to be a grace period of up to two years after we le’iverdiring which qualifying EU citizens can apply. We will ensure that mea: in 7 place to support vulnerable EU citizens in particular with this. proven There will be more information on how to apply4h due course. In the meantime, there is no need for EU citizens to seek re ‘documentation now under current free movement rules in order to secut on tus post-exit, unless they intend to apply for citizenship before we lea id, EU citizens can sign-up for updates on our gov.uk page: https: /guidance/status-of-eu-nationals-in-the-uk- what-you-need-to-know. who are not resident IK before the specified date or otherwise ineligible for the settled status,¢¢heme- The proposals set out a focus on the arrangements for EU citizens the! os ¥