DT News - UK - Rights of EU citizens after the Brexit: An unresolved issue

Amanda Maskery, UK

Wed. 31 May 2017

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Through the UK’s impending exit from the European Union, much uncertainty has been created around the position of EU citizens in the country, including those who currently work in the health care sector. After the result of last year’s referendum, in which the UK voted to leave the EU, the formal process of withdrawal duly began when Article 50 of the Treaty of Lisbon was invoked in March. The wave of negotiations for the Brexit is now underway.

EU member states have called for the rights of their citizens to be protected and have sought assurances from the UK to that effect. The government’s immediate and continuing response has been to state that rights for EU citizens will be determined in the Brexit negotiations, along with everything else to be considered.

Of course, this will raise serious concerns for the millions of EU citizens living in the UK, and indeed the millions of UK citizens living in the EU. Both groups of people currently face uncertainty until their position is determined through the conclusion of negotiations, the timescale for which is unknown.

The right to work and live in an EU member state derives from the free movement of persons, a fundamental treaty right. When the UK leaves the EU, on terms yet to be determined, the risk does exist that the free movement of persons will be lost, unless it can be negotiated to the satisfaction of both the UK government and the remaining EU member states. Any deal on the free movement of persons for the benefit of the UK will require a commitment to the EU by the UK on preserving the rights of EU citizens currently residing in the UK and will no doubt require a commitment that the UK will allow the future free movement of persons.

After the impending UK general election on 8 June, the next prime minister will have the unenviable task of undertaking the Brexit negotiations. Naturally, EU citizens will be concerned as to what deal will be secured on a host of matters, immigration being but one. Until the negotiations have been finalised, EU citizens who have lived in the UK for at least five years may have the option of British citizenship, should they wish to seek it.

A British citizen has the right to permanently live and work in the UK without any immigration restrictions; this is otherwise known as a right of abode. Under the current British citizenship rules, those aged 18 and over and of good character who meet the knowledge of English and life in the UK requirements and who have lived in the UK for five years before the date of their application can apply to become a British citizen. Such persons can apply on behalf of children younger than 18 (and those children do not need to pass any tests).

For EU citizens seeking some certainty and control over their future, an application for British citizenship may be the immediate answer.

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