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No 10 has admitted it has yet to decide whether free movement of EU citizens will continue after a no-deal Brexit , with less than five months until departure day.
The “work is ongoing”, Theresa May ’s spokesman said, after the home secretary and a senior Home Office civil servant contradicted each other within 24 hours.
Sajid Javid said there would have to be “sensible transition period” during which new EU arrivals could continue to work – one day after his official said free movement would be “turned off”.
Asked which was correct, the spokesman said: “The work is ongoing and we will set out the details in due course.”
Privately, ministers are believed to accept that it is inevitable that free movement would have to continue, because it will be impossible to quickly bring down the shutters.
Yet, on Tuesday, Shona Dunn, the Home Office’s second permanent secretary, told MPs: “If [a no-deal Brexit] were the case, the prime minister has been very clear that she would want free movement turned off at that point in time.
“So, it would be our intention to have it done at that point in time. There will be a number of bits of secondary legislation, I would imagine.”
Labour leapt on the confusion as fresh evidence that the government is “in a complete mess over Brexit”.
A historic moment: thousands march to demand Final Say on BrexitShow all 65 1 /65A historic moment: thousands march to demand Final Say on Brexit A historic moment: thousands march to demand Final Say on Brexit An estimated 700,000 people marched through London to demand a final say on the withdrawal agreement
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit Red smoke from a canister hangs in the air as around 100,000 demonstrators march through London during a People's Vote anti-brexit demonstration savings banners and placards Anti-Brexit People's Vote March for the Future in London
Rex
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit Mayor of London Sadiq Khan takes part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum.
PA
A historic moment: thousands march to demand Final Say on Brexit Final Say campaigners take part in the peoples vote march for the future in London 20/10/2018 Protesters wearing final Say shirts and holding placards
Angela Christofilou
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit MP Chuka Umunna (left) and MP Vince Cable (right) as MP Anna Soubry (centre) addresses Anti-Brexit campaigners at a rally after the People's Vote March for the Future in London, a march and rally in support of a second EU referendum.
PA
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit A People’s Vote march attendee calls for a Final Say
Angela Christofilou
A historic moment: thousands march to demand Final Say on Brexit Demonstrators with banners 'We're with EU' during the People's Vote March for the Future in London, Britain, 20 October 2018. Reports state that the 'March for the Future' is to be led by a column of young people and call for a People’s Vote on the Brexit deal. After marching through central London, there will be a rally on stage in Parliament Square, including speeches from Mayor of London Sadiq Khan.
EPA
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit Protesters at London’s march for the future in October
The Independent
A historic moment: thousands march to demand Final Say on Brexit Editor of The Independent Christian Broughton speaks to demonstrators in Parliament Sqaure after they take part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU.
AFP/Getty
A historic moment: thousands march to demand Final Say on Brexit A poster at the March for the Future in October
The Independent
A historic moment: thousands march to demand Final Say on Brexit Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum.
PA
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit Final Say campaigners take part in the peoples vote march for the future in London 20/10/2018
Angela Christofilou
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum.
PA
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit Demonstrators hold placards as they take part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU.
AFP/Getty
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou
A historic moment: thousands march to demand Final Say on Brexit Final Say campaigners take part in the peoples vote march for the future in London 20/10/2018 campaigner wrapped in EU flag
Angela Christofilou
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit
Angela Christofilou/The Independent
A historic moment: thousands march to demand Final Say on Brexit Final Say campaigners take part in the peoples vote march for the future in London 20/10/2018
Angela Christofilou
A historic moment: thousands march to demand Final Say on Brexit Demonstrators pass Trafalgar Square as they take part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU.
AFP/Getty
A historic moment: thousands march to demand Final Say on Brexit Demonstrators wave Union and European flags and hold up placards as they pass Trafalgar Square, taking part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU.
AFP/Getty
A historic moment: thousands march to demand Final Say on Brexit Demonstrators hold placards as they take part in a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU.
AFP/Getty
A historic moment: thousands march to demand Final Say on Brexit A demonstrator holds a message during a march calling for a People's Vote on the final Brexit deal, in central London on October 20, 2018. - Britons dreading life outside Europe gathered from all corners of the UK to London on Saturday to try to stop their country's looming breakup with the EU.
AFP/Getty
A historic moment: thousands march to demand Final Say on Brexit Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum.
PA
A historic moment: thousands march to demand Final Say on Brexit Demonstrators take part in the 'People's Vote March for the Future,' in central London, Britain, 20 October 2018. Reports state that the 'March for the Future' is to be led by a column of young people and call for a People’s Vote on the Brexit deal. After marching through central London, there will be a rally on stage in Parliament Square, including speeches from Mayor of London Sadiq Khan
EPA
A historic moment: thousands march to demand Final Say on Brexit A protester brandishes an Independent t-shirt during the Brexit March
Angela Christofilou
A historic moment: thousands march to demand Final Say on Brexit Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum
PA
A historic moment: thousands march to demand Final Say on Brexit Tens of thousands of people take part in People's Vote March for the Future in central London. The march organised by the People's Vote campaign is led by young people calling for a People's Vote on the Brexit deal
Rex
A historic moment: thousands march to demand Final Say on Brexit Anti-Brexit campaigners take part in the People's Vote March for the Future in London, a march and rally in support of a second EU referendum
PA
“It looks like they are still negotiating with themselves, but the issue of EU citizens’ rights is too important to be left up in the air until the very last minute,” said Diane Abbott , the shadow home secretary.
“The Tories cannot continue to play games with people’s lives like this.”
And Layla Moran, a Liberal Democrat supporter of the anti-Brexit Best for Britain group, said: “It's a farce. If the Home Office can't even get its own ministers and officials to agree on policy, let alone get that past No.10, how can we possibly expect to come to a wide ranging and complex agreement with 27 other nations”
The uncertainty was revealed after the immigration minister, Caroline Nokes , was forced to u-turn after saying employers would have to check if EU nationals had the right to work, or were newly-arrived.
The Home Office they would “not be expected to differentiate between resident EU citizens and those arriving after exit”, even if the UK crashed out of the bloc without a deal.
Asked, on ITV’s Peston programme, if he accepted such checks would be “pointless”, Mr Javid replied: “We’ve just got to be practical.
“If there's a no-deal, we won’t be able to immediately distinguish between those Europeans that were already here before March 29, and those who came after – and therefore, as a result, I wouldn’t expect employers to do anything different than they do today.
“There will need to be some kind of sensible transition period. I mean, these are the kinds of things I’ve been working on for months and months.”
The No 10 spokesman denied Mr Javid and his top civil servant had contradicted each other, saying: “Planning for a no-deal outcome is ongoing and we will be able to set out the government’s position in due course.”
He declined to say that work would be done by the end of the year, but claimed: “No-deal preparations are continuing at pace.”
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