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Today, the UK voted to leave the EU in an unprecedented historic event. Culminating not just from four months of vibrant politicking but from decades of lingering Euroscepticism. Eurosceptics have continually agitated for 'leave', right from 1973 when the UK became a member of the free movement bloc.
Tory leaders were among some of the most influential Eurosceptics; and David Cameron was keen on moving his party away from 'banging on about Europe'. The prime minister did all he could to keep the Eurosceptic backbenchers happy; he withdrew from the centre-right federalist EPP group in the European parliament. He even renegotiated new terms for the UK's relationship with the EU.
All that was not going to be enough for right winged politicians who were bent on seeing the UK 'free from Brussel's rule'. By late 2010, it became clear that the referendum on the cards was imminent.
Panic almost ensued moments after results came out and the British pounds sterling was almost the first to react by dropping. The airwaves was saturated with the news, telephones wouldn't stop ringing as people were keen to know what will happen now. Our European clients needed to know what will happen to their applications, what will happen to their family, business and lives that they had built in the UK.
First of all we would like to make it clear that nothing will happen in the immediate. We have not all of a sudden woken up to a new geographical location called Great Britain. There will be transitional arrangement that will take at least 2 years to finalize.
It is important to understand that technically speaking, even though we know that prime minister will not ignore the will of the people, the referendum is not legally binding. The referendum results can be simply summarised by saying it is simply the British people saying that they want to leave. The Prime Minister will now need to invoke Article 50 of the Lisbon Treaty to commence series of formal actions, procedures and legal processes to ensure that the will of the people reigns supreme.
Article 50 of the Treaty on the EU bothers on the processes for a member state to leave to EU. It obliges the member state to notify the EU of its withdrawal as well as try to negotiate a withdrawal agreement. This involves the disentanglement from the EU with all the structures of the EU and/or renegotiating terms for a new relationship from outside the bloc.
A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.
5. If a State which has withdrawn from the Union asks to re-join, its request shall be subject to the procedure referred to in Article 49.
Note that the second point above mentions "That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union." This suggests that there is no guarantee that the UK would find the terms of renegotiation acceptable. The EU Treaties would cease to apply to the UK on the entry into force of a withdrawal agreement or, if no new agreement is concluded, after two years, unless there is unanimous agreement to extend the negotiating period.
It is also important to note that during the negotiation period, EU laws would still apply to the UK. Structures within the country will continue interact with the EU as normal. However the UK will no longer participate in internal EU discussions on decisions bothering on its withdrawal and the withdrawal agreement.
The withdrawal agreement will be concluded on behalf of the Union, by the Council, acting by a qualified majority, after consent of the European Parliament. This suggest an extra layer of unpredictability in striking a deal, coming from the European Parliament. We think that this would further lengthen the negotiation process.
A scenario may arise where 'final agreements' infringe on certain areas of key service for other member states, it will be classed as 'mixed agreement', further ratification will then be pursued by every member state in the EU. The European Union's Treaties would then need to be revised to reflect the exit of a member state, in this case, the United Kingdom.
What this means in essence, is that, he final deal at the end of a negotiated UK exit from the EU would need to be ratified by EU leaders via a qualified majority vote, a majority in the European Parliament and by the remaining 27 national parliaments across the EU.
The UK can withdraw from the EU by simply repealing the 1972 European Communities Act. While this may be theoretically possible, in practice, it would damage the UK's chance of striking a better trade agreement with the EU after repealing the Act. In practice it would take away any chance of a transitional period, as all EU agreements with be automatically voided. EU laws which currently apply to the UK would have to be re-legislated in the UK to be replaced.
The Prime Minister, at the House of Commons already confirmed that the UK would trigger Article 50 in the event of a leave vote. The question of when it will be triggered is entirely up to the government. It would naive to imagine that after a vote to leave panned out the way it did under the circumstances in which it did that the government would delay triggering Article 50.
David Cameron however, have suggested that he will let his successor activate Article 50. The Prime minister has mentioned that he remain in office 'to steady the ship' till October, when he will hand over to his successor. We can therefore expect that everything will remain as it is till at least a new Prime minister steps in.
Importantly, once an application has been made, it will have to be completed within two years. That period cannot be extended except if all 28 EU countries agree.
In the same vein, any other exit alternative would have to be agreed by the rest of the EU; and any agreement after the UK's withdrawal from the EU will be responded to in line with Article 50, most notably requiring approval by EU leaders, MEPs and national parliaments.
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.
I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
TI have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
I contacted Reiss Edwards to help me with my wife's UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.
I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
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