Professor Steve Peers, University of Essex
I seldom share personal experiences on this blog or elsewhere. However, I believe it’s crucial to approach immigration from a personal angle, not just as an abstract concept. While economic data is valuable for understanding the economic impact, and legal analysis is vital for activists and negotiators, it’s equally important to remember that migrants are individuals and families whose lives are impacted by immigration policy changes.
Though not directly affected by Brexit’s immigration implications, my childhood move to Canada provides a relevant parallel. I aim to shed light on the challenges faced by EU27 and UK citizens who might experience similar difficulties due to Brexit. My experience might be less turbulent than others, but my intention is to foster empathy and understanding.
At eight years old, I immigrated to Canada with my parents. My father had secured a factory job, and my mother hoped to continue teaching. However, she soon learned that she couldn’t teach without re-qualifying, which involved a four-year degree. Due to this, she had to pursue other, lower-paying jobs. My father also faced difficulties as his job disappeared, leading to periods of unemployment and sick leave. Eventually, he returned to England alone.
While each family’s struggles are unique, immigration laws can further complicate an already difficult situation. Thankfully, despite our challenges, we didn’t encounter issues with immigration authorities. We never experienced the dread of unexpected visits, unsettling letters, or fear-inducing phone calls. We didn’t face a hostile environment while managing finances, housing, education, or employment.
This was because, upon arriving in Canada, we had a meeting with immigration officials that, from a child’s perspective, felt like days. During this meeting, my British passport was graced with a pink form that granted us permanent residency.
Post-Brexit, EU27 citizens residing in the UK will need to apply for “settled status,” even those with permanent residency. This status is theoretically guaranteed unless there are serious criminal convictions. However, concerns remain due to the Home Office’s history of errors and the agreement’s shortcomings. For instance, issues arise for individuals returning with non-EU families or those who were full-time homemakers.
In my family’s case, meeting the permanent residency requirements could have been problematic. My parents’ inconsistent employment history and my father’s eventual departure might have worked against us. The Brexit withdrawal agreement does offer some protection for children of former workers attending school and their caregiver parent. This would have applied to my mother and me. However, this doesn’t automatically lead to permanent residency, and the parent’s employment and benefits rights remain unclear. Moreover, the agreement’s limited recognition of qualifications, similar to the situation my mother faced, could pose obstacles.
The withdrawal agreement presents future challenges for other families as well. The UK government’s efforts to restrict entry for family members of EU27 citizens will also impact UK citizens in the EU27. Post-transition, future spouses and close relatives will face stricter national laws. This affects not just non-EU family members but also EU27 family members of EU27 citizens. Additionally, it restricts family reunification for UK citizens with EU27 family members. While there’s an exception for children of EU27 citizens, it’s contingent on custody arrangements and may not be applicable if the custodial parent can’t enter the UK. The agreement disregards a vulnerable group entirely: British children with non-EU parents facing potential deportation.
In summary, the withdrawal agreement diminishes rights for future families, necessitates reapplication for reduced rights, and excludes certain individuals altogether. While the UK government pledged to safeguard some groups, such as returning UK citizens and carers, doubts about their trustworthiness and the Home Office’s competence remain.
While hope persists, it’s understandable why some EU27 citizens, who arrived with optimism, now harbor resentment towards the UK government. Leave campaigners assured UK citizens in the EU27 that international law guaranteed their acquired rights, including free movement within the EU27, a claim not supported by the withdrawal agreement. Similarly, the official Leave campaign promised “no less favorable rights” and “automatic indefinite leave to remain” for EU27 citizens in the UK.
I’ve personally witnessed this discrepancy while working on a proposal to provide EU27 citizens with a unilateral guarantee of their UK rights. Although initially supportive, two Leave-supporting MPs later opposed these guarantees in Parliament. These instances, along with misleading statements made during the campaign, highlight the broken promises made to many.
Photo: author’s passport, age 8
Barnard & Peers: chapter 27