UK still won’t be able to boot out rapists and murderers under Theresa May’s hated Brexit deal
Britain will be unable to deport serious EU criminals in the transition period under Theresa May's proposed Brexit deal
BRITAIN will continue to be unable to kick out murderers and rapists after Brexit, it has been revealed.
Theresa May's draft Brexit deal confirms that Britain will be forced to accept EU nationals with criminal backgrounds for at least the next two years - and possibly even longer.
Freedom of movement rules which allow anyone to come to the UK - even if they have committed crimes elsewhere - will continue to apply to the UK for the entire transition period, which doesn't yet have a permanent end date.
They can only be barred from the country if they are believed to be “a genuine, present and sufficiently serious threat” - and will only be at risk of being chucked out if they commit a further crime.
So any rapist who came to the UK before Brexit was finalised would have the right to remain and authorities would be powerless to deport them.
The proposed deal says: “The host State may not impose any limitations or conditions for obtaining, retaining or losing residence rights.”
It adds: “There shall be no discretion in applying the limitations and conditions… other than in favour of the person concerned.”
Under the rules Britain would still have to allow in the likes of Lithuanian child rapist Victor Akulic who came to this country having raped a seven-year-old girl in his home country.
He was then handed a life sentence in 2011 after he raped, assaulted and intimidated a woman in the UK.
His sentence was later changed at an appeal to an indeterminate sentence for public protection.
The Home Office declined to comment on the case when contacted by The Sun Online.
The Withdrawal Act does not specify a specific date the UK will severe ties with the EU, merely referring to "20XX".
May told business leaders earlier this week she couldn't guarantee the transition period wouldn't need to be extended beyond the end of 2020.
At the CBI annual conference she only promised we would be out of the EU's rules by the next general election - not scheduled to take place until 2022.
Conservative MP Andrew Bridgen told The Sun Online: “Under Theresa May’s proposals the whole of the UK will be held prisoners under the customs union and require EU agreement to get out.”
Jayne Adye, director of the grassroots campaign group Get Britain Out told The Sun Online she was “deeply outraged” by the latest revelations.
She said: “So, what’s the point of our Home Office imposing rules and regulations to try and protect us - especially when we have a seriously depleted police force - when the PM’s Deal will seriously impose even more stress on our police and fill our already overcrowded jails.
“The police have a serious enough problem trying to protect our citizens, without the PM deliberately signing us up to a Deal which will freely allow serious criminals and murderers into Britain legally. How is this 'taking back control?'"
A legal academic, who did not want to be named, said: "During the transition period, EU law will still apply but can still be deported on grounds of 'public policy and public security."
He added though: "Such a measure needs to be proportionate and the courts need to take into account how long a person has been living in the country and how well they are integrated, particularly when they are more than five years in the country.
"So, it does not look like the Withdrawal Agreement is perfect. The question is, though, what happens if there is no Withdrawal Agreement?"
A spokesperson from the Home Office said: “Under the Withdrawal Agreement we will continue to be able to deport EEA nationals who commit a crime in the UK before the end of the implementation period.”
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The rules governing immigration could change in the future with the government currently working on a new Immigration Act although it is not known when this is likely to be introduced.
Theresa May races to Brussels today for afternoon tea with EU boss Jean-Claude Juncker as she tries to win more concessions from Brussels over our future relationship.
But she faces opposition from grumbling EU leaders who have threatened to cancel Sunday's summit to sign off the deal if it's not all agreed by the end of the day.
Former Brexit Secretary Dominic Raab said previously the withdrawal agreement was "fatally flawed" and would lock the UK into free movement for good.