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by Munro Research

Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020


Official Summary

A Bill to make provision to end rights to free movement of persons under retained EU law and to repeal other retained EU law relating to immigration; to confer power to modify retained direct EU legislation relating to social security co-ordination; and for connected purposes.

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Overview

This bill amends the Immigration and Social Security Co-ordination (EU Withdrawal) Bill to address how asylum seekers, particularly children, can enter the UK from other EU countries following Brexit. It aims to establish a framework for allowing entry while ensuring a thorough review of legal pathways is undertaken.

Description

The bill proposes a review of how asylum seekers in EU member states can enter the UK legally, focusing on unaccompanied children seeking to join family in the UK. Initially, amendments sought to automatically grant leave to enter for asylum claims in certain circumstances mirroring pre-Brexit EU regulations. However, these were replaced by a mandate for the Secretary of State to review existing legal routes and consult publicly on the matter, specifically regarding unaccompanied children. A report detailing the review's findings must be prepared and published. A strategy for relocating unaccompanied children to the UK where it's in their best interests must also be presented to Parliament within six months of the bill’s passage. This report and strategy, along with a statement detailing the review, must be presented to Parliament within specific timeframes.

Government Spending

The initial amendments, which were rejected, would have involved a charge on public funds. The exact financial implications of the final amendments, focusing on review and reporting, are not specified in the bill text, but are expected to incur some costs associated with the review process, consultation, report preparation and publication.

Groups Affected

  • Asylum seekers in EU member states: This bill directly impacts their ability to enter the UK to claim asylum, potentially creating delays or uncertainty depending on the outcome of the review.
  • Unaccompanied children in EU member states: This group is a particular focus of the bill, with specific provisions for their relocation to the UK.
  • Families in the UK with relatives seeking asylum: The bill's outcome will significantly affect their ability to be reunited.
  • The UK Government: Responsible for conducting the review, producing reports and implementing policy changes arising from the review.
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