Brexit poses a threat to migrants’ fundamental rights, Council of Europe warns

Brexit poses a threat to migrants’ fundamental rights, Council of Europe warns

The report points out the fundamental rights at stake for migrants as a consequence of Brexit, in relation to the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the EU (CFR). The right of residence of EU nationals currently living in the UK, as well as those of UK nationals living in other EU countries, the right to family reunification, the right to return, the right to work, the right to social security and healthcare are particularly threatened in case of Brexit.

The Brexit process has revealed fundamental flaws in the UK migration system, which is in need of comprehensive reform to make it more efficient and more respectful of human rights. The report calls on the UK authorities to undertake a thorough review of all aspects of migration policies from entry to settlement through residence, in particular those rules which apply to skilled and unskilled workers, students and postgraduates, and to applicants for family reunion. and consider moving from a constitutive to a declaratory system of registration for the right of residence.

The Brexit debate would present an opportunity change the narrative around migration and to illustrate the mutual benefits that immigration brings for both migrants themselves and the local community in the host state. The Assembly encouraged the United Kingdom to pursue this objective by making more effort to counter negative discourse on migration.

In the recommendations, the report urges both the British authorities and the European Union negotiators to make sure that the fundamental rights of EU and UK citizens will be effectively guaranteed even in the event of no deal.

Suurce: The implications of Brexit for migration

Free Initial Assessment

We offer a no obligation, free initial consultation over the phone, where you can briefly discuss your matter with expert immigration lawyers.

Book a free initial assessment Contact Us