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Rebordering Britain & Britons after Brexit

Brexit and Scots Law: Immigration and Citizenship

Abstract

The effects of Brexit on the entry and residence rights of EU citizens in Scotland look set to be the same as those felt across the rest of the UK: they will be integrated into the UK’s national immigration system by some future date, which could depend on individual circumstances, could be the end of whatever transitional period may eventually be agreed, or could be as early as Spring 2019 if the UK “crashes out” of the EU without an agreement. And yet, since the Brexit vote, a groundswell of support has arisen for the idea that Scotland should have a differentiated immigration settlement. This article surveys the institutional limitations on Scotland having separate immigration policies, highlights areas where diverging policies have developed, and considers the prospects for difference in Scotland in the Brexit context. While the prospects for developing separate policies depend largely on the emergence of a genuinely inter-governmental approach at UK Government level, there is also scope for the Scottish Government to take the initiative.

Journal

Edinburgh Law Review

Author

Sarah Craig (United Kingdom)

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