Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Brexit explained
1 of 8 27/06/2017, 13:24
How do citizens' rights affect Brexit negotiations? | Politics | The... https://www.theguardian.com/politics/2017/jun/19/how-do-citizens...
They are held by some 3.5 million citizens from other member states in the UK and
about 1.2 million British nationals on the continent, and are a key part of the article 50
negotiations that are taking Britain out of Europe.
For Brussels, citizens rights are the first priority of the article 50 divorce talks. We
need real guarantees for our people who live, work and study in the UK, and the same
goes for Brits, the European councils president, Donald Tusk, has said.
The UK government likewise stressed in its Brexit white paper that it wants to give
people the certainty they want ... at the earliest opportunity. It is the right and fair thing
to do.
In the opening session of article 50 talks on 19 June, the two sides confirmed they
would prioritise the question of citizens rights, on which Brexit secretary David Davis
said there was much common ground.
The issue generated early ill feeling. Claims by Theresa May that she tried to reach an
early deal on the issue but was rebuffed by member states drew a sharp EU reminder
that the topic could not be addressed outside the formal divorce talks.
2 of 8 27/06/2017, 13:24
How do citizens' rights affect Brexit negotiations? | Politics | The... https://www.theguardian.com/politics/2017/jun/19/how-do-citizens...
The offer would confer on EU nationals who have been living in the UK for five years a
new settled status, allowing them to be treated like British citizens for residence and
entitlement to education, health care, benefits and pensions.
The policy paper said the UK was willing to agree to a cut-off point between 29 March
2017 when article 50 was triggered and Brexit day. All EU nationals in the UK
before that date will be able to build up five years worth of residence.
The UK promised to streamline the application process, drop the requirement for
comprehensive health insurance, index-link EU nationals pensions and allow them to
send welfare payments to children abroad.
But the offer still falls short of what the EU expects because it would see EU citizens
lose a number of rights they currently have. Several sticking points will have to be
resolved before a reciprocal agreement on citizens rights can be reached.
Michel Barnier, the blocs chief Brexit negotiator, tweeted that its aim was the same
level of protection as in EU law and that more ambition, clarity and guarantees were
needed than the UKs opening position.
The EU27 wants these rights to apply in perpetuity, not just to EU citizens in the UK
and British citizens on the continent now, but to those who lived abroad at any time
during the UKs membership of the EU.
It also wants those rights to apply to current and future family members, no matter
their nationality, who decide to join the right-holder after Brexit, and to continue to
apply to family members after the divorce or death of the right-holder.
Family union EU nationals who marry after March 2019 will lose their right to bring
family members to the UK unless they pass the minimum income test required of UK
citizens who want to bring in non-EU family members.
3 of 8 27/06/2017, 13:24
How do citizens' rights affect Brexit negotiations? | Politics | The... https://www.theguardian.com/politics/2017/jun/19/how-do-citizens...
Students There is no clarity on whether students allowed to finish courses will be able
to stay on to work after their studies.
Application process EU nationals who have already gone through the often
torturous and sometimes expensive process of attaining permanent UK residence will
have to go through another registration process.
Right to leave and come back Unless they meet certain requirements, EU nationals
with settled status in the UK risk losing it and therefore their right to return if they
leave Britain for more than two years.
Two classes of EU citizen The UK suggests that unlike those who arrive before the
yet-to-be-agreed cutoff date, EU nationals who arrive after it may stay for a temporary
period but should have no expectation of guaranteed settled status.
Enforcement The UK insists British courts must enforce the agreement in the UK,
while the EU wants the European commission to monitor it and the European Court of
Justice or an equivalent body following ECJ rules to enforce it. The UK has
repeatedly said Brexit must mean leaving the jurisdiction of the ECJ.
Topics
Brexit explained
Article 50
European Union
Europe
Foreign policy
explainers
4 of 8 27/06/2017, 13:24