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Immigration briefing papers

 

This week saw the publication of two briefing papers—one by Bernard Ryan, Professor of Migration Law at the University of Leicester (for the Immigration Law Practitioners Association (ILPA); and the other by the Institute of Public Policy Research (IPPR)—that make significant contributions to the ongoing conversation on immigration policy, particularly in light of the inevitable changes due to Brexit.

The ILPA briefing paper, “Who will remain after Brexit? Ensuring protection for all persons resident under EU law,” identifies gaps concerning both EU citizens and third-country nationals who, potentially, will be negatively impacted by Brexit as they are not included in the government’s current thinking. These groups include, for example:

  • EU citizens and family members resident outside the UK at the point of Brexit who have a history of residence in the UK and may need or desire to resume residence in the UK in the future; and
  • EU nationals whose primary residence is outside of the UK but who, for either business/work or personal reasons, have a second place of residence in the UK. Post Brexit, these individuals may fail the required residency requirements to obtain residence or settled status, given their high absences from the UK, and instead be treated as visitors to the UK, a status that would obviously not permit them to work in the UK.

A summary of the paper, together with the full version, is available here.

The IPPR paper, “An immigration strategy for the UK: Six proposals to manage migration for economic success,” addresses the need to link immigration with the strategic priorities of the UK, particularly economic ones, in a post-Brexit world, and to understand the role that immigration plays in meeting these. The six proposals referred to in the title are:

This paper serves to remind us of the enormous challenge facing policymakers as they seek to ensure that all affected parties are captured in their thinking and that adequate protections are included in both the withdrawal agreement and future UK immigration legislation.

  1. Immigration strategy should clearly differentiate between types of immigration.
  2. Immigration strategy should actively address geographical imbalances in the economy.
  3. Immigration strategy should be designed to spur innovation.
  4. Immigration strategy should forge a new compact between employers and government, as a means to achieving a high-pay, high-productivity economy.
  5. Immigration strategy should support the UK’s trade balance.
  6. Immigration strategy should promote equality and integration.

In the lead-up to what will inevitably be an overhaul of the immigration system due to Brexit, the IPPR paper reminds us of the opportunity this brings, and the need to be active in the ongoing immigration debate.

The full report is available to download at the IPPR website. (The four-page summary is well worth a read.)

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Immigration briefing papers

Russian citizens will now have to notify authorities when obtaining foreign citizenship or permanent residency in a foreign country

Russian Dual

On June 4, 2014 the President of the Russian Federation signed a law requiring Russian citizens to notify the migration authorities on obtaining foreign citizenship or any right to reside permanently in a foreign country within 60 calendar days of the occurrence of each event. Notification for Russian citizens who are under 18 years old should be submitted by their legal representatives (parents, guardians, etc.). The law will take effect starting from August 4, 2014.

The law will also apply to Russian citizens who have received foreign citizenship or a right to reside permanently in a foreign country before the effective date of the law. Such Russian citizens will also need to notify the migration authorities on obtaining foreign citizenship or any right to reside permanently in a foreign country within 60 calendar days upon the date of entry into force of the law (i.e., before October 3, 2014).

These new rules will not affect Russian citizens who permanently reside outside the Russian Federation (not simply those who have a right to reside permanently abroad, but who de facto stay permanently abroad). The question remains open however, as to whether a Russian citizen who currently resides permanently abroad and is therefore now exempt from notifying the migration authorities when entering and staying in Russia in the future can be held liable for failing to notify the migration authorities.

Notification of the migration authorities on obtaining foreign citizenship or any right to reside permanently in a foreign country may be given either personally or by sending a notification to the local migration office at the place of residence or stay of a Russian citizen through the Russian Post. The form of notification is currently being developed. In addition to the notification form, the applicant will also need to provide the migration authorities with an original (and copy) of his/her Russian passport and a copy of a document confirming his/her foreign citizenship or any right to reside permanently in a foreign country.

Failure to give the notification within the prescribed 60-day term, OR providing incomplete information, OR providing false information is subject to administrative liability and shall result in an administrative fine in the amount of 500 – 1,000 rubles (approx. 10 – 20 euros).

Failure to notify the migration authorities on obtaining foreign citizenship or any right to reside permanently in a foreign country is subject to criminal liability and shall result in a fine of up to 200,000 rubles (approx. 4,200 euros) OR up to the salary or other income of the convicted person for a period of up to one year OR compulsory community service of up to 400 hours.

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Russian citizens will now have to notify authorities when obtaining foreign citizenship or permanent residency in a foreign country