Key Facts

• The Bill aims to end free movement of people and establish a skills-led immigration system.
• No substantial changes have been made since the previous consideration of the Bill.
• Key immigration routes will open in autumn 2020, with the new system taking effect on January 1, 2021.
• The audio quality during Tuesday’s evidence session was poor.
• Clause 1 of the Bill is seen as problematic for sectors reliant on lower-skilled workers earning less than £25,600.
• The Migration Advisory Committee highlighted systemic failures in social care that will not be resolved by January when free movement ends.
• The EU settlement scheme has provided positive numbers but raised concerns about vulnerable groups like eligible children in care.
• The Bill grants extensive Henry VIII powers to Ministers to introduce a new immigration system without parliamentary debate.
• Labour supports an equal treatment-based points-based immigration system.
• The SNP opposes clause 1 of the Bill, which ends free movement for EEA nationals and extends a complex domestic immigration system.
• Clause 1 is seen as bad for individuals facing prohibitive fees and complicated procedures, impacting families and rights.
• The general salary threshold is being reduced to £25,600, but shortage occupations will have a lower level of £20,480 per year.
• Paragraph 4(2) in schedule 1 of the Bill is criticized for its unclear drafting.
• The Bill repeals large parts of retained EU law related to free movement.
• Rights under the workers regulation, including equal treatment and employment rights, may be affected but are not clearly stated.
• The EU settlement scheme was fully opened on March 13, 2019.
• The transition period for EEA citizens ends on December 31 of the current year.
• Sub-paragraph (4)(2) of schedule 1 relates to immigration aspects only and does not affect other rights provided by the workers regulation.
• Paragraph 6 of schedule 1 could repeal legal protections beyond free movement.
• The paragraph affects any matter capable of being seen as in connection with immigration, potentially including anti-trafficking and reception conditions directives.
• Suggestions include protecting all directives or listing specifically disapplicable ones to prevent collateral damage.
• Paragraph 6 disapplies directly effective rights derived from EU law that are inconsistent with immigration legislation.
• Examples include Turkish nationals' preferential treatment under EEC-Turkey agreement and Zambrano carers’ derivative rights.
• The provision ensures compliance with international law while protecting the points-based system.
• Clause 2 protects the status of Irish citizens in the UK when free movement ends.
• Irish citizens can enter and remain in the UK without permission once free movement rights end.
• The clause removes the distinction between Irish citizens entering from within or outside the common travel area.
• Irish citizens are exempt from automatic deportation provisions in the UK Borders Act 2007 under exceptional circumstances only.
• The clause confirms that restrictions placed on those who enter the UK from the common travel area do not apply to Irish citizens.
• Irish citizens can access healthcare, social security benefits, and work or study rights in both the UK and Ireland as per the memorandum of understanding signed in May 2019.
• The MP asks the Minister to share any examples of deportations of Irish citizens if known.
• Professor Ryan highlighted that acquisition of British nationality is hard to ascertain for certain individuals.
• Clause 2 of the Bill offers clarity but does not fully address reciprocal rights under the common travel area.
• There are practical issues about cross-border rights to access healthcare and education.
• The Common Travel Area is supported by both Governments and is underpinned by the Belfast agreement, which is international law.
• Irish citizens can apply to the European settlement scheme but are not required to do so due to the clarity provided in the clause.
• There has been no known case of deportation from the UK to Ireland based on current legislation.
• Amendment 3 narrows the scope of powers provided to the Secretary of State as recommended by the House of Lords Delegated Powers and Regulatory Reform Committee.
• Amendment 21 restricts the use of Henry VIII powers to a period of one year from the Act being passed and prevents permanent effects unless confirmed by primary legislation.
• Amendment 22 ensures that regulations under subsection (1) are made in accordance with principles promoting family life, right of appeal to the First-tier Tribunal, and reasonable notice for changes to immigration rules or fees.
• The amendments aim to cut down the sweeping powers of the Home Secretary.
• Clause 4(1) allows the Home Secretary to make any provision deemed 'appropriate' in relation to free movement.
• Clause 4(2) permits amending Acts of Parliament and retained EU legislation.
• Amendments include requirements for necessity, limiting scope, and imposing a one-year sunset clause.
• The Home Secretary has power under clause 4 to amend primary legislation related to immigration.
• Amendment 2 replaces 'appropriate' with 'necessary', amendment 3 removes 'in connection with'.
• Amendment 12 aims to make powers time-limited until the EU settlement scheme is closed.
• The amendment aims to protect up to 751,000 non-Irish EEA and Swiss national children in the UK.
• Only 415,140 grants of status were made to children under the EU settlement scheme as of March this year.
• Children in custody face a resetting of their qualification period for settled status upon release.
• Amendment 22 seeks to establish guiding principles for the Home Office.
• The first principle promotes family life by preventing family separation.
• The second principle ensures accessible appeal rights for individuals facing removal.
• The third principle simplifies processes for long-term residents and those here during childhood.
• The fourth principle supports families in hard times, allowing them to seek work.
• The fifth principle prevents unfair retrospective rule changes affecting existing residents.