Search

How can we help?

Icon

Leaked document on Post Brexit Immigration

The Guardian has obtained a copy of a leaked document setting out the government’s proposals on post-Brexit immigration. The detailed proposals, drafted by Home Official officials, confirm that free movement of labour will end immediately after Brexit and restrictions will be introduced to deter all but highly skilled EU workers. Some MP’s have criticised the government’s approach as “mean and cynical” but Theresa May, this afternoon, defended the idea of new controls on EU nationals.

Key points

The government recognises that implementing a new immigration system will “take time” and expects to make changes “gradually” so that employers and individuals are able to adapt.

We outline below key points below:

  • Changes to the current immigration system will take place in 3 distinct phases:
  1. Phase 1: this will introduce an immigration bill which will bring EU migration within a UK legal framework and MAC will be commissioned to advise
  2. Phase 2: this will introduce a ‘temporary implementation period’ to provide a “smooth” exit for employers and individuals
  3. Phase 3: this will introduce new rules to control temporary and permanent migration
  • EU nationals will need to produce their passports when entering the UK, identity cards will no longer be acceptable
  • EU citizens who arrive after the implementation period (phase 2) will be required to register with the Home Office to obtain permission to reside and there may be changes to family reunion rules
  • Those applying for residence permits will need to give their fingerprints

The government recognises that implementing a new immigration system will “take time” and expects to make changes “gradually” so that employers and individuals are able to adapt.

  • A new system for EU nationals appears to look like the UK’s current immigration system in that EU nationals wanting to work in the UK would need permission beforehand and employers would need to recruit locally first (currently satisfy the resident labour market test)
  • Possible introduction of an income threshold for self-sufficient EU nationals wanting to live in the UK
  • A tougher regime restricting residency to partners, children under 18, adult dependent relatives – unmarried partners (those in ‘durable’ relationships) will no longer qualify as a ‘family member’
  • During phase 3, residency permits will be granted for 2 years unless the EU national would be working a ‘highly skilled occupation’ – then they would be granted a permit lasting between 3-5 years

The 82 page leaked document puts a “Britain first” attitude forward and ignores the need for migrant labour in sectors such as hospitality, health and farming. Arguably, it is very much in line with the government’s current immigration policy – to create a hostile environment to encourage migrants to live elsewhere. We are not sure what the Migration Advisory Committee will be commissioned for, given the proposals are detailed and the government seems to already have a good idea of what a new system will look like.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 23 July 2026
  • Immigration

New Priority Service for British citizenship applications: Faster decisions now available

The Home Office has introduced a new Priority Service for British citizenship applications, allowing eligible applicants to receive a decision on their naturalisation or registration application in around 30 working days, rather than waiting the standard processing time of up to six months.

Pub
  • 21 July 2026
  • Corporate and M&A

Quarterly Insights: Key Corporate & Commercial Topics – Q3 2026

Join Stuart Mullins and Jonathan Hayes as they explore the most topical corporate and commercial issues, along with key developments our team has examined over the past three months. In Q3, they discuss CICs, company registers, and the use of NDAs in business sales and exits.

art
  • 20 July 2026
  • Privacy and Data Protection

Personal Data FAQs

Explore comprehensive answers to frequently asked questions about personal data, GDPR compliance, and your rights.

art
  • 16 July 2026
  • Corporate and M&A

EMIs – The basics

Discover the essentials of Enterprise Management Incentives (EMIs), an HMRC-approved employee share scheme offering tax advantages. Learn how EMIs incentivise staff, eligibility requirements, and how Clarkslegal can help tailor a scheme for you.

Pub
  • 15 July 2026
  • Litigation and dispute resolution

ICC Arbitration Rules 2026 overhaul: The end of Terms of Reference and future trends – Episode 3

In this final episode, Jack Hobbs (Clarkslegal) and Christopher Howitt (Three Stone) discuss the impact of the ICC Arbitration Rules 2026 overhaul, focusing on the end of Terms of Reference. Hear expert insights and practical tips for adapting to the new rules.

art
  • 15 July 2026
  • Employment

New guidance on interim relief: More applications, same high threshold

In certain limited unfair dismissal claims (such as those for automatic unfair dismissal relating to a protected disclosure) claimants can apply for interim relief. This is an emergency measure which essentially prevents a dismissal from taking effect until the claim has been heard.