According to rules set out in Art. 77-80 TFEU the Union can adopt common rules on:
- Migration of third country nationals:
- Entry and residence conditions for migrants;
- Procedures for issuing long-term visas and residence permits;
- The rights of migrants living legally in an EU country;
- Tackling irregular immigration and unauthorised residence;
- The fight against human trafficking;
- Agreements on the readmission of citizens returning to their own countries;
- Incentives and support for EU countries to promote the integration of migrants.
- Asylum seekers and refugees, taking into account the 1951 Geneva Convention on refugees:
- A uniform status of asylum and subsidiary protection for nationals of third countries, valid throughout the Union
- A common system of temporary protection for displaced persons in the event of massive inflow
- Common procedures for the granting and withdrawing of uniform asylum or subsidiary protection status
- Criteria and mechanisms for determining which Member State is responsible for considering an application for asylum or subsidiary protection
- Standards concerning the conditions for the reception of applicants for asylum or subsidiary protection
- Partnership and cooperation with third countries for the purpose of managing inflows of people applying for asylum or subsidiary or temporary protection
The UK however does not participate in the following common measures:
- EU-wide rules that allow citizens of countries outside the EU to work or study in an EU country. This includes the EU bluecard scheme and long term residents’ rights framework.
- EU-wide rules that allow citizens of countries outside the EU who are staying legally in an EU country to bring their families to live with them and/or to become long-term residents. This includes the family reunification directive for third country nationals, whereas third country nationals who are family members to an EU citizen fall under the EU Citizens’ Rights Directive.
- Shared visa policies that enable non-EU citizens to travel freely for up to 3 months within Europe’s single travel zone, the Schengen area.
- A legal framework on irregular migrants, such as the returns policy and sanctions on airliners and ships.
- Common European Asylum System, which includes the Dublin Regulation on allocation of responsibility for asylum seekers and the EU directives on reception conditions, procedural rights and qualifying as an asylum seeker.
Common European Asylum System instruments in which the UK does participate include:
- Dublin III Regulation: Regulation (EU) No 604/2013 of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast)  OJ L/180/31.
- Eurodac database (recast) - Regulation (EU) No 603/2013 of 26 June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (recast)  OJ L/180/1.