Taylor Hampton

Citizens’ Rights Update From the Home Office – September 2017

By 11th October 2017 No Comments

On 29 September 2017, the Home Office circulated an update at the conclusion of the fourth round of negotiations between the UK and EU in Brussels.

Below is the text of the circular:

Throughout the negotiation, the UK Government is remaining focused on providing certainty, clarity and stability for EU citizens living in the UK and UK citizens living in the EU, upholding the proposals set out in June.

This month’s round made progress on issues which will enable EU citizens in the UK and UK citizens in the EU to continue to live their lives broadly as they do now. This progress is detailed in the joint summary note published yesterday. Notably, good progress was made on protecting social security rights, which will provide EU citizens and UK nationals with more financial security.

The UK thinks that in some cases we must go beyond the strict requirements of current EU law in order to protect citizens. For example the UK Government has offered guaranteed rights of return for settled EU citizens in the UK who leave the UK, in return for onward movement rights for UK nationals living in the EU27.

If the EU agrees to this, it would mean that as an EU citizen with settled status you could leave the UK for more than two years without your status being affected. In return, as a UK national living in the EU, you would be able to move within the other Member States, as now. This is a bold and important offer which we hope the EU will consider carefully.

Regarding the enforcement of citizens’ rights after we leave the EU, the UK has been clear that, as a third country outside of the EU, it would not be right for the Court of Justice of the European Union (CJEU) to have direct jurisdiction. However, we have listened to the concerns that have been raised and – as the Prime Minister set out in her speech in Florence last week – the UK has committed to incorporating the final withdrawal agreement fully into UK law and said that UK courts should be able to take account of CJEU judgments in order to ensure consistent interpretation.

After four negotiation rounds we are starting to get into the detail of how EU citizens will apply for a new settled status. The UK presented its early thinking and we will be engaging on the design and delivery of a proposed Settlement Scheme for EU citizens in the UK. We are committed to making the application as streamlined and user-friendly as possible for everyone. Those who already hold permanent residency documents should not have to go through the full process, for example. We will also use data that EU citizens have already provided to minimise the burden of documentary evidence required.

 


In light of the above, Taylor Hampton Solicitors continue to advise anyone, who qualifies for permanent residence, to regularise their status as soon as possible, as the Home Office evidently indicates that those people who “hold permanent residency documents should not have to go through the full process”. There will be more details in the coming months as the round of negotiations takes place this week beginning 9 October 2017.  If you want to know whether you qualify, please contact us here.

Written by Loretta Pang

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