Andy Burnham’s EU Plans and UK Immigration

Andy Burnham’s proposals would change UK immigration law only if the Government accepted arrangements covering movement of people. A customs union or Canada-style trade relationship could leave the present visa system intact. Single-market participation or EU membership would go much further by restoring reciprocal mobility rights and requiring major changes to the post-Brexit immigration law framework.

Summary

• British Prime Minister Andy Burnham has proposed examining the status quo, a Canada-style relationship and a customs union, while describing a future in-out referendum as possible.
• Trade or customs cooperation alone would not restore free movement because customs arrangements regulate goods, while movement of people belongs to the single market.
• Single-market participation would require reciprocal movement rights under the existing European Economic Area model, changing visa and sponsorship rules for covered European nationals.
• Full EU membership would require a fresh Article 49 accession process, agreement from every member state and UK legislation before immigration rights changed.
• Existing EU Settlement Scheme holders keep their current status while political options are debated; any replacement or transitional rules would need legal provision.

At the end of September, the British Prime Minister, Andy Burnham, finally did what no PM in six years has dared to do, namely admit that Brexit has “done [the country] more harm than good”. He went further, saying he would look at options for “closer ties”, including arrangements ranging from trade cooperation to full EU membership.

If you are thinking of coming to the UK to work or join family members, or recruiting overseas talent, this shock announcement may leave you unsure whether to delay a visa application, recruitment decision, or planned move. However, for now it is probably wise to carry on with your current plans. No proposal has been formalised yet, and there are many hurdles to clear before we know what form any new relationship with the EU will take. To give you a bit of an idea, below I have set out which possible agreements would reach immigration rules, what legislation would have to change, and when a new right could begin.

What has Andy Burnham proposed regarding Brexit?

Mr Burnham has opened a review without committing the Government to free movement or EU membership. On 30^th September 2026, he told the BBC that options included current arrangements, a Canada-style relationship or a customs union. He called a future Labour manifesto referendum “possible”, while saying an immediate vote “wouldn’t be the right thing to do right now”.

A speech, summit proposal or manifesto commitment does not amend the Immigration Rules or create residence rights. So, for now, nothing has changed for EU nationals wanting to come to the UK.

Would trade ties change immigration rules?

A trade agreement or customs union would not remove UK visa requirements on its own. Article 28 of the Treaty on the Functioning of the European Union defines the customs union through goods, customs duties and a common external tariff. Mobility terms would need separate agreement and UK legislation.

Relationship	Immigration result	UK change needed
Canada-style deal	No inherent free movement	Implement any mobility clauses
Customs union	Visas can remain	Implement trade terms
Single market or EEA	Reciprocal mobility for covered nationals	Amend post-Brexit law and Immigration Rules
EU membership	EU citizenship and free movement	Accession legislation

The treaty text and legislation would decide who qualifies, which family members are covered and whether transitional periods apply.

What would single-market access change in terms of immigration?

Single-market participation on the European Economic Area model would bring movement of persons alongside goods, services and capital. The European Parliament confirms that Norway, Iceland and Liechtenstein accept all four freedoms. A bespoke agreement would depend on the mobility rights negotiated.

Article 45 of the Treaty on the Functioning of the European Union states: “Freedom of movement for workers shall be secured within the Union.” Those rights could remove sponsorship and visa requirements within an agreement’s scope, subject to specified limitations.

Free movement ended on 31^st December 2020 under the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020. Most EU citizens arriving from 1^st  January 2021 need permission unless protected by the Withdrawal Agreement, the EU Settlement Scheme or arrangements for Irish citizens.

What would rejoining the EU require?

Rejoining would require the United Kingdom to apply under Article 49 of the Treaty on European Union. The Council must act unanimously, the European Parliament must consent, and every member state must ratify the accession treaty. Accession negotiations would determine the terms.

Parliament would need legislation to give membership domestic effect, amend or repeal the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 and revise the Immigration Rules. Transitional terms would need to cover existing status and pending applications.

Existing rights do not disappear during political debate. The Home Office reported almost 4.6 million settled-status grants from the EU Settlement Scheme’s launch to June 2026. A new regime would need saving or transitional provisions.

Remember that even if the UK wanted to join the EU, there is no guarantee every member state would agree. French president Emmanuel Macron’s “welcome back” comment following Mr Burnham’s speech could easily have been tongue-in-cheek. And the EU has made it crystal clear that there will be no “cherry-picking” when it comes to membership rules, especially regarding freedom of movement. Then there is the tricky question of whether the bloc would insist the UK adopt the euro as a condition of re-entry, although not all EU members use the euro and nowhere is it written that adoption is a prerequisite.

Wrapping up

For now, it is a case of carrying on as normal and making the necessary immigration applications, appeals, or judicial reviews as you normally would. The British Government will be consulting voters and businesses over the next six weeks or so to discover if there is a genuine appetite for closer relations with the EU and if so, to what extent.

We will continue to update our social media and insights if and when things progress. If you have any questions in the meantime, please do not hesitate to give us a call.

Frequently asked questions

Would a customs union restore free movement?

No, a customs union concerns trade in goods and a common external tariff. Residence and work rights would arise only if the UK and EU separately agreed mobility terms and Parliament implemented them. Until then, EU nationals remain subject to existing visa rules unless another exemption or protected status applies.

Could my settled status be cancelled?

No current proposal cancels settled or pre-settled status. EU Settlement Scheme rights implement the Withdrawal Agreement for eligible residents and family members. A future agreement could add wider rights or transitional arrangements, but political discussion alone cannot remove your status. Seek advice if absence, criminality or eligibility issues affect your position.

Can Britain join the single market?

The existing EEA model requires Norway, Iceland and Liechtenstein to accept free movement of persons with the other single-market freedoms. The UK could seek a bespoke agreement, but its market access and mobility terms would depend on negotiation. A customs or trade agreement offers closer economic ties without automatically creating residence rights. However, the EU has explicitly said that it will not allow cherry-picking when it comes to single-market freedoms.