EU immigration and asylum law after Brexit
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As the Brexit crisis trundles on, and we edge closer to the deadline of 31 October 2019, many are trying to pin down what happens to EU immigration and asylum law after the UK leaves the EU (or, to use the Prime Minister’s words, after we puncture “the great poisonous puffball of Brexit”).
The government’s stated aim is to leave the EU, with or without a deal, on 31 October 2019. If there is a deal, there will be a transitional period. During this time nothing will change and EU law will continue. Under the deal negotiated by Theresa May, that period would last until 31 December 2020. The period under any deal negotiated by Johnson is likely to be the same or similar.
The more pertinent question, given that very little progress has been made towards concluding a deal, is what happens if there is a no-deal Brexit?
The UK will leave the EU by automatic operation of law on 31 October 2019. However the Benn Act requires the Prime Minister (whoever that may be at the time) to seek an extension from the EU to 31 January 2020 if a deal has not been approved by Parliament before 19 October 2019.
Johnson has suggested he will not comply with this Act. In any case, complying with the Act would not prevent no deal; merely delay it until January.
So what exactly is the status of EU immigration and asylum law in the UK after no deal?
More:
https://www.freemovement.org.uk/status-of-eu-immigration-law-after-brexit/