EU Immigrants in the UK: Their Future under the Points-Based System by Dr Dagmar Rita Myslinska 17 September 2020 D E PA R T M E N T O F L AW, BRITAIN IN EUROPE THINKTANK GOLDSMITHS UNIVERSITY OF LONDON Britain in Europe is an innovative academic thinktank which feeds into the Law programme at Goldsmiths, University of London. The Law programme at Goldsmiths, University of London brings together cutting-edge academic Britain in Europe’s dynamic membership research, teaching expertise and public policy work comprises Law academics and academic scholars in areas such as criminal law and criminology, media from other disciplines, barristers, solicitors, judges, law, human rights, artificial intelligence, intellectual politicians, members of international human rights property, European law and international law. organisations and other third sector experts from across Britain and Europe. The programme draws on this wealth of knowledge to educate future lawyers looking to tackle society’s Britain in Europe research benefits from a wide range inequalities, injustices and abuses of power. In tune of dynamic external collaborations, including with with Goldsmiths’ rich heritage of social awareness Liberty, Justice, the Honourable Society of the Inner and social engagement, championing human rights Temple, the Bar Human Rights Committee, the New and social justice, the Law programme is an intellectual Europeans, Fair Trials International, the European space for radical, critical and creative thinking. Criminal Bar Association, the Hellenic Criminal Bar Association and others. For more information on the Law programme at Goldsmiths, see: www.gold.ac.uk/law/ BiE develops its main research activity in the UK, and extends its initiatives to Brussels and Strasbourg, particularly at the European Parliament, in close collaboration with civil rights organisations and former British MEPs. BiE’s aims are: • To analyse the socio-legal, economic, and political efect of Brexit in the UK and Europe • To provide a research platform that will contribute to the construction of a future relationship between the UK and the European Union • To ensure that the UK and European countries will remain fully aligned on the protection of human rights after Brexit If you want to communicate with BiE, please feel free to email Goldsmiths Law at [email protected] BRITAIN IN EUROPE THINK TANK, GOLDSMITHS UNIVERSITY OF LONDON EU Immigrants in the UK 2 ABOUT THE AUTHOR Dr Dagmar Rita Myslinska is a Lecturer in Law at Goldsmiths, University of London. Her research interests include migration, equality, the EU, and ethnicity and race. Dagmar convenes Immigration Law module on the LLB programme, supervises the Immigration branch of the Law & Policy Clinic, and is a contributor to ‘Britain in Europe’ thinktank. She is an Associate Fellow of the Higher Education Academy. In addition to her scholarly publications, she has authored numerous open-access reference articles on asylum law and has contributed to LSE BrexitVote Blog and various media outlets regarding migration issues. Before joining Goldsmiths, she had clerked for two federal judges in the USA and had taught law at several institutions in the USA and Japan. She had also practiced commercial and pro bono immigration law and has volunteered extensively for immigrant charities and human rights organisations, including Human Rights First in New York. She studied at Yale University (BA, cum laude), Columbia University School of Law (Juris Doctor), and the LSE (PhD, Law). ABOUT THE CONTRIBUTORS Dr Michaela Benson is a Reader in Sociology at Goldsmiths, University of London and expert and advisory board member of ‘Britain in Europe’ thinktank. She is a current recipient of a British Academy Mid-Career Fellowship for the project ‘Britain and its overseas citizens’, and previous research lead for a ‘UK in a Changing Europe’ funded research project, ‘BrExpats: freedom of movement, citizenship and Brexit in the lives of Britons resident in the EU-27’. Michaela is internationally renowned for her work in the sociology of migration and particularly her work with British citizens living abroad and has published extensively on what migration means for identity, citizenship and belonging. Since the EU referendum, she has been closely examining what Brexit variously means for British citizens living across the EU-27, communicating through written commentary and fortnightly ‘Brexit Brits Abroad’ podcast. She has provided written evidence for the House of Lords EU Justice subcommittee, and co-authored with Migration Policy Institute the report ‘Next Steps: implementing a Brexit deal for UK citizens living in the EU27’. Caitlin Boswell joined The Joint Council for the Welfare of Immigrants in 2019 as Project Oficer to lead on the EU citizens project, campaigning for EU citizens’ rights through reform of the EU Settlement Scheme and monitoring its impact - particularly for marginalised groups most at risk of slipping through the cracks in the scheme. Prior to this she worked as an Advocate & Outreach Worker, providing one-to-one support for migrant women afected by the criminal justice system and/or immigration restrictions. Before working in the migration sector, Caitlin studied for a Masters in Gender & Law at SOAS, writing her thesis on the UK asylum system’s treatment of LGBTQ asylum seekers. Roger Casale is an award-winning civil rights campaigner and the founder of New Europeans, a pan European movement working for a Europe of the citizens, which he describes as ‘a democratic Europe of social justice and equality anchored in human rights.’ Between 1997 and 2005 he was the Labour Member of Parliament for Wimbledon, during which time he served on the European Scrutiny Committee and as a Parliamentary Private Secretary in the Foreign Ofice. In 2009 he was made a Commander of the Order of Merit of the Italian Republic for services to UK-Italian bi-lateral relations. He lives in Italy and maintains a high profile in the European press on issues ranging from the rule of law, to the future of Europe conference. Educated at Oxford University, the Johns Hopkins University and the LSE, he holds a BA in Politics, Economics and Philosophy and a Masters in International Afairs. He speaks four languages and in 2020 became a Fellow of the Royal of Society of Arts. BRITAIN IN EUROPE THINK TANK, GOLDSMITHS UNIVERSITY OF LONDON EU Immigrants in the UK 3 Professor Dimitrios Giannoulopoulos is the founder and director of ‘Britain in Europe’ thinktank. He holds the Inaugural Chair in Law, and is the Head of the Department of Law at Goldsmiths, University of London. He is an Associate Academic Fellow of the Inner Temple, and Senior Fellow of the Higher Education Academy. Dimitrios has published extensively on domestic and European human rights perspectives on suspects’ rights, criminal evidence, and criminal procedure. He provides commentary on current legal and political afairs in relation to the UK, France and Greece, and has, in recent years, taken a strong interest in the impact of Brexit on human rights. He has recently appeared before the European Parliament and the House of Lords’ EU Justice Sub- Committee to discuss EU citizens’ rights after Brexit. Fizza Qureshi is the Chief Executive Oficer of Migrants’ Rights Network. She had joined MRN as the Director Designate in 2016. She previously worked at the Terrence Higgins Trust, covering the London and East of England sexual health and HIV services. Before this, she worked as a Programme Manager for an international medical humanitarian organisation where she was responsible for its UK independent health clinic, and health advocacy programme supporting migrants in accessing healthcare. Fizza has a degree in Human Rights and Social Change and Biotechnology. She has previously served as Board Member of MRN, the Institute of Race Relations, and Healthwatch Newham. Julie Ward served as a Labour MEP for the North West of England from 2014 to 2020, and is an expert for ‘Britain in Europe’ thinktank. She is also a writer, theatre-maker, cultural activist and human rights defender who began her working life on the factory floor before working in the arts. She was a member of the European Parliament’s committees on Women’s Rights & Gender Equality, Economic & Monetary Afairs, Regional Development, and Culture & Education where she served as Vice Chair. Julie is also a child rights champion, having been a member of the Labour Party’s Children and Education Policy Commission. In 2014 she co- founded the European Parliament’s cross-party Intergroup on Children’s Rights and later gave evidence to the House of Lords on Unaccompanied Minors. She was a link MEP to UNCRDP and a board member of the European Internet Forum. She also co-founded the European Caucus of Women in Parliament. Since 2019 she has been co-chair of the Urban Economy Forum and a member of the national committee for Another Europe is Possible. BRITAIN IN EUROPE THINK TANK, GOLDSMITHS UNIVERSITY OF LONDON EU Immigrants in the UK 4 EXECUTIVE SUMMARY The EU Withdrawal Bill, now in the Committee stage have consistently indicated EU movers’ positive before the House of Lords, ends EU nationals’ impact on native Britons’ subjective well-being. In freedom of movement, and gives the Home Ofice part due to their high rates of employment and little broad discretion to create new policies applicable reliance on public services and social benefits, EU to all immigrants,1 starting in 2021. movers’ positive contribution on the UK’s public finances has also been well documented – in addition Overall, the proposed post-Brexit points-based to their increasing productivity and innovation, and immigration system fails to respond to the UK’s reducing prices of personal services. Finally, EU economic needs and fails to protect workers. It is students have contributed to all students’ learning also at odds with the Government’s ‘Global Britain’ experience and their skillsets to the UK’s economy.