The Post-Brexit Immigration Rules: Law Commission’s Simplification Recommendations Ignored

  • Jonathan Collinson

Press/Media: Expert Comment

Description

This blog post - last in a series about the Law Commission’s report on simplifying the Immigration Rules - highlights that the Home Office’s ‘commitment to implementing the recommendations of the Law Commission’ appears to be entirely absent in practice. In new rules that put in place the UK’s post-Brexit immigration system, key aspects of the Law Commission’s recommendations have been simply ignored. Instead, the Statement of Changes of new Immigration Rules for after Brexit present the rules in ways which remain as unintelligible, unclear, and Byzantine as the pre-Brexit rules. In fact, the post-Brexit rules are worse as they introduce a series of inconsistencies of presentation in the new, Brexit related, Appendices EU and FP.  The presentation of the Immigration Rules is important because even if the rules are written in plain English, if they are not accessible it is difficult for migrants to determine whether they have correctly identified all the rules relevant to their situation. 

Period5 Nov 2020

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