An alarming consequence of the Brexit vote
became apparent during the recent legal challenge at the
High Court aimed at forcing the British prime
minister, Theresa May, to acquire the explicit
approval of Parliament before triggering Article
50. Leading human rights QC, Manjit Gill, who is
representing the rights of families and children in this case
informed the court that should the UK press ahead with triggering
Article 50 it could result in an unexpected impact
on families where vulnerable British citizens, such as children and
the disabled, who are being cared for by non-EU citizens could be
placed in the position of losing their carers or guardians due to
new immigration rules that would come into force post
At the moment non-EU carers and guardians derive their right to
remain in the UK from the statutory rights provided by EU
law. It appears that no provision has been considered to
permit those individuals who fall into this category to remain in
the UK and the Non-EU citizens would be committing an offence by
remaining in the country after the changes to the immigration rules
are amended and be subject to summary removal.
Mr.Gill pointed out that the Government has a
duty to consider British citizens, vulnerable people in particular,
and so far has failed to address the Zambrano case which is centred
on the rights of Third Country Nationals
(TCN), individuals who have the care of minors who
are British citizens and are living in the UK, to remain in the UK
with their charges.
The complex case is due to be concluded on the third day and
should the non-EU citizens lose they will almost certainly take the
case to appeal at the Supreme Court. It is unlikely that any of the
parties involved would wish that vulnerable people should be
subjected to such a dramatic impact due to the Brexit vote.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Theresa May's letter has been delivered and like it or not the UK is on the way out of Europe with still no clarity as to what the status of British ex-pats living in other European countries actually is.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).