What does Brexit mean for EU citizens in Britain – and Brits in Europe?
The 3m non-British UK residents and 1.3m Britons living in the EU need to know what the result means in practice
Europeans living in Britain
For many of the estimated 3 million non-British EU citizens living in the UK, the vote to leave has proved unsettling at the very least.
But what will it actually mean for them in practice? Some confusion is understandable, as during the campaign the opposing sides said very different things.
Vote Leave gave unequivocal assurances that any new immigration system would not affect EU citizens already in the country. “There will be no change for EU citizens already lawfully resident in the UK,” it said, promising on its website that such people would “automatically be granted indefinite leave to remain in the UK and will be treated no less favourably than they are at present”.
But equally unequivocal was the remain side, which warned that “all current EU citizens here would lose their automatic right to come and work in the UK. This means that living and working in the UK would be significantly more difficult after a leave vote for EU citizens, and is likely to involve restrictions and barriers in the form of permits, visas or other costs and bureaucracy”.
Leading lawyers say the leave claims are not based in fact and the status quo is unlikely to continue, given that immigration was so central to the leave campaign. In reality the rights of EU citizens living in the UK are not guaranteed and will now be part of the negotiation with Europe.
“There is no cast-iron guarantee on acquired rights in the event Britain leaves the EU,” said Sionaidh Douglas-Scott, professor of law at Queen Mary University of London and an expert in European law. “If you leave the EU you are no longer a member of the club that gives you those rights.”
Acquired rights are likely to relate to the right to residence, to work, to run a business, to own a property, the right to access public services such as health and education, and the right to remain in a country after retirement.
The rights of EU immigrants will not change overnight but Nick Rollason, immigration partner at London law firm Kingsley Napley, believes an inevitable consequence will be that people will need new documentary evidence of their right to remain.
“When a potential employer asks for evidence of your right to live in the country, it won’t be enough just to show your passport,” said Rollason. “They will want proof.”
An Australian-style points system already exists for would-be immigrants from outside the European Economic Area and this could be applied to new applicants or even current residents.
The tier 2 visa system is the main route for visa applicants and operates on a points system similar to that of Australia, with salary, English-language fluency and other factors scored. After five years of continuous residency, visa holders can apply for the permanent right to remain in the country.
In practice proving continuous residency for five years is not straightforward. “If you’ve been made redundant, if you’ve had a sabbatical, had study leave or travelled, it can be difficult,” said Rollason.
For those who have been in the UK for more than 10 or even 20 years, applying for permanent leave to remain after Brexit could also be a challenge if paperwork such as P60s have not been kept.
Granting permission for EU nationals to stay will have to be supported in law and, Rollason believes, in practice with documentation required to demonstrate the right to work and settle in the UK.
For this reason, he believes EU citizens concerned about their rights in the UK should look at applying for a registration document. Lisa O’Carroll
Britons living in the EU
For the 1.3 million Britons living in other European U countries, Thursday’s vote has ushered in a protracted period of uncertainty.
Dominic Grieve, a former attorney general, has argued that British expats could in theory become illegal immigrants overnight if Britain does not maintain some form of freedom of movement as part of its settlement with the EU. But few see mass expulsions as a realistic possibility.
Some lawyers have argued that British expats living in the EU at the time of Brexit would have “acquired rights” under the 1969 Vienna convention on the law of treaties. Others, though, say these might not extend much beyond residency and property rights – and could well exclude rights to benefits, pensions and healthcare.
New arrivals might soon face stricter residency requirements, particularly if Britain imposes similar criteria on incoming EU nationals, and it is likely that existing expats, too, would at the very least face new administrative arrangements, possibly including residency and work permits, even higher property taxes.
In the near term, British people employed by foreign companies in an EU member state, who are paid in euros and covered by their host country’s social security probably have little to fear. But for those relying on UK revenues, the exchange rate is an obvious and immediate concern.
Many are also worried about the possible end of reciprocal healthcare arrangements, which give them free – or nearly free – treatment as EU citizens who have paid into a member state’s system.
In short, while there is no certainty as to what the future will hold, expats’ rights will no longer be guaranteed and will be subject to bilateral renegotiation.
Much will depend on what is politically realistic. Unilateral measures likely to cause major disruption or suffering are – given the 3 million EU citizens living in the UK – in no one’s interests. Jon Henley
Source: TheGuardian
