Brexit News: Supreme Court rules Article 50 must be passed by Parliament

The Supreme Court ruled that Parliament must vote on triggering Article 50, rejecting the Government’s argument that the Prime Minister can use her prerogative powers to enforce the withdrawal of the UK from the European Union.

Visa and immigration applications can be submitted by LEXVISA London Solicitors.

The Supreme Court ruling

In a landmark case, the justices of the Supreme Court ruled that Article 50 must be triggered by a vote of Parliament, confirming the ruling of the High Court. Passed by a majority of eight to three, the Supreme Court judgment means that, in order to start the Brexit process, Theresa May’s government must pass a bill through Parliament triggering Article 50. Whilst the government have a self-imposed deadline of March 31st to trigger Article 50, it is expected that the bill will pass through the House of Commons ‘in a fortnight’.

What is the Article 50 case about?

The Article 50 case was brought by Gina Miller, an investment manager, along with hairdresser Deir Dos Santos. The case was not brought against the result of 23 June 2016 EU referendum, but instead challenged starting Brexit through the government’s purported use of prerogative powers to enforce Article 50. Miller and Dos Santos successfully argued that this was unconstitutional, as it went against the precedents set in the Laker Airways v Department of Trade [1976] and the GCHQ [1984] cases, whereby the courts ruled that the government was not able to use its prerogative outside of the limitations of statutory law.

What does the ruling mean for EEA nationals?

There are estimated to be over 3 million EEA citizens living in the UK, making up around 5% of the UK’s population, and until Article 50 is triggered in two years, laws governing the free movement of those EEA nationals will still be in effect. What happens after that point is uncertain, however, and it is a matter of urgency for EEA nationals and their families to assess their eligibility to apply for a UK residence card, or British naturalistaion, whilst those laws are still in effect. It is to be expected that the Home Office will be processing a large volume of applications, so in order to give yourself the best chance of success the speed and quality of any UK residence or naturalisation application will need to be high.

Successful visa and immigration applications for EEA nationals

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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