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
  • 20 May 2026
  • Immigration

AI vs Home Office approved Translations – why migrants are paying the price

AI is transforming almost every professional sector. Law firms now use AI-assisted drafting, businesses rely on automated translation software, and governments increasingly use digital systems for decision-making.

art
  • 20 May 2026
  • Employment

Trade Unions Right of Access from October – What you need to know

Under the Employment Rights Act 2025, independent Trade Unions (i.e. those with a certificate of independence) will have a right to access workplaces (physically and digitally) from October 2026.

art
  • 19 May 2026
  • Privacy and Data Protection

New Complaints Procedure for Data Protection Coming in June – Are You Ready?

The Data (Use and Access) Act 2025 (the “Act”) received Royal Assent last year and introduces slight reforms to the UK’s data protection regime.

art
  • 18 May 2026
  • Commercial Real Estate

Land Registry title to property mines and minerals

Depending on the location of the property, it is quite common in parts of England and Wales for a property title to contain a reference to mines and minerals, and for these to be excluded from the surface owner’s ownership in favour of another party.

art
  • 13 May 2026
  • Employment

10 top tips for negotiating a redundancy settlement agreement, for employers and employees

Redundancies are on the rise, resulting in increased use of settlement agreements. We’ve compiled our top 10 tips for drafting and negotiating these agreements to support both employers and employees through this challenging process.

art
  • 12 May 2026
  • Immigration

Supplementary Employment: When is it Allowed under UK Immigration Rules?

This article provides a guidance to understanding the rules on supplementary employment in the UK.