Brexit, Article 50 and new immigration rules

Prime Minister David Cameron had urged the country to vote 'Remain' claiming to remain but his plea was defeated by 52 per cent to 48 per cent in the EU referendum held in the UK on June 23, 2016. As a result, he has decided to step down by October 2016 after the UK voted to leave the EU. The referendum turnout was 71.8 per cent - with more than 30 million people voting - the highest turnout at a UK-wide vote since 1992.
IMMIGRATION - MAJOR ISSUE: 'EU Migration/Immigration' was a major issue in the referendum campaign. Prior to this referendum, the net migration to the UK was 333,000 in the year up to December 2015 - the second highest ever. A record 184,000 of those came from the EU. Among them with around 77,000 arriving without having a job lined up.
ARTICLE 50 AND BREXIT: With a view to making exit from the EU, Britain needs to invoke and implement Article 50 of the Lisbon Treaty on the European Union. This provides the exit clause that permits an EU member-state to leave the union. The Article states that 'any member-state may decide to withdraw from the union in accordance with its own constitutional requirements.' Once Article 50 is triggered, the timer starts ticking on a two-year renegotiation with the European Union that ends with Britain's exit from the 28-member bloc unless the EU member-states unanimously agree to extend negotiations.  
Article 50 has been designed to give the negotiating advantage to the EU and to deter member-states from exiting the union. Hence, the separation process is deliberately kept for two years to discourage the contracting parties not to leave the European Union. David Cameron said that his successor should decide when to trigger Article 50.   
DRAFT PLAN FOR NEW IMMIGRATION RULES: The Australian system for controlling immigration has been held as a model for the UK to follow by leading campaigners supporting a vote for Britain leaving the European Union. A joint statement from Brexit supporters, Boris Johnson, Michael Gove, Priti Patel, and Gisela Stuart outlined plans for a UK immigration system that would mark the end of the automatic right of EU citizens to come and live and work in the UK.
Australia is one of the most multicultural countries in the developed world with just over a quarter of the 24 million population born overseas. The joint statement from Brexit supporters said: "By the next general election, we will create a genuine Australian-style points-based immigration system." The automatic right of all EU citizens to come to live and work in the UK will end, as will the EU control over vital aspects of our social security system. EU citizens will be subject to legislation made by the British Parliament, not in Brussels. It will create fairness between EU citizens and others, including those from Commonwealth countries.
Under the 'new' immigration rules/system proposed by the 'Leave' campaigners; applicants --- whether EU or non-EU migrants--- seeking to live and work in the UK would be assessed based on their skills and qualifications 'without discrimination on the grounds of nationality." Under this new point-based system, to gain the right to work, economic migrants will have to be suitable for the jobs in question. For relevant jobs, Britain will be able to ensure that all those who come have the ability to speak good English. Such a system can be much less bureaucratic and much simpler than the existing system for non-EU citizens.
AUSTRALIAN-STYLE POINT-BASED IMMIGRATION SYSTEM: The Australian system is designed to meet Australia's economic and social needs with the number of places set annually following community consultation and economic modelling.
There are two main routes to gaining a temporary work or permanent residency visa, through a skills points test or through employer nomination. Points are awarded under the skills test for a variety of factors such as level of education, employment experience, English language ability and age. Employers can also nominate a skilled worker for a position to work in Australia. Applicants must have the necessary skills and meet various requirements in terms of character, health and English language. Those with temporary work visas may be able to apply for permanent residency visas after two years. The number of visas awarded can be capped by the immigration minister.
Under the Australian system, points are awarded in a number of categories under a points-based assessment.
Campaigners for Brexit have proposed to introduce new immigration rules in the light of the Australian-style points-based immigration system. Skilled migrants are seen as a bonus to the Australian economy. 'Leave' campaigners have detailed plans for 'Australian-style points-based' controls to limit numbers coming to Britain from the EU.
It is hoped that by introducing Australian-style points-based immigration system, Britain would be able to control and reduce immigration to the UK especially from the Eastern European countries that are member-states of the European Union. This would also be a fair system as it would remove huge disparities where Commonwealth citizens with families in Britain struggle to obtain visas while EU citizens with little link with the UK can automatically work there.
NEGOTIATION WITH EU: Britain needs to start the negotiation with the European Union immediately. With a view to protecting the interests of all parts of the United Kingdom, the negotiation should involve the full engagement of the Scottish, Welsh and Northern Ireland governments. Outside the EU, Britain would remain stronger, safer and better off if proper steps are taken by the new Prime Minister of the UK to create an Australian-style points-based immigration rules in the UK.  
The writer is a Barrister of the Society of Lincoln's Inn & Qualified Chartered Legal Executive Lawyer of CILEX.
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