All posts by Kathryn

British citizens in Europe launch their Alternative White Paper

On the eve of the Government’s White Paper publication, UK citizens living in the EU present their ‘UK Citizens in Europe – Towards an Alternative White Paper’.

This is the biggest group of British citizens’ organisations in Europe working together for the first time to call for their serious concerns to be acted on before Article 50 is triggered.  The groups represent thousands of British citizens living and working across the continent.

‘UK Citizens in Europe – Towards an Alternative White Paper’ sets out clear concerns about being able to live, work, run a business or study in the European countries where many have made lives for themselves and their families.

Authors, Jane Golding and Jeremy Morgan QC added:

“Following the Supreme Court ruling, UK MPs have both the opportunity and the clear responsibility to make approval of the bill to trigger Article 50 conditional on safeguarding the rights and livelihoods of over a million UK citizens living in Europe (as well as around 3 million EU citizens in the UK).  This should happen at the earliest opportunity.” (J.Golding)

“Our paper shows that the complex position of individuals who have moved to another EU country.  It is clear that unless all rights are preserved, many people will have no choice but to give up their homes and their lives and return to their country of origin”  (J.Morgan)

The signatories of the Alternative White Paper are:
Brits in Europe (Germany), British Community Committee of France,  Expat Citizen Rights in EU (ECREU) on behalf of 6,000 members from 25 EU Countries (France), Fair Deal for Expats (France), RIFT (Remain in France Together), Brexpats Hear our Voice (Belgium) British in Italy, Bremain in Spain EuroCitizens (Spain) and New Europeans (UK) 

VIEW THE ALTERNATIVE WHITE PAPER HERE

Update following High Court ruling on 3 November 2016

On 3 November 2016, the High Court in London ruled in one of the most significant UK constitutional law cases for decades on the triggering of Article 50. The ruling did not, however, concern the result of the EU referendum. The question before the Court was:

“whether as a matter of UK constitutional law, the Government is entitled to give notice of a decision to the EU under Article 50 by exercise of the Crown’s prerogative powers and without reference to Parliament.”

Continue reading Update following High Court ruling on 3 November 2016

EU citizens in the UK find their public voice

So what happened on 12th December?

The 3 Million group of EU Citizens in the UK combined handing in a  letter to No.10 Downing Street with the release of the report by British Future; while doing a media blitz.

screen-shot-2016-12-13-at-13-52-38

 Did it work?

EU citizens were in the UK media all morning (it started with the BBC Radio 4’s Today programme) and through the afternoon on print radio, TV and online. 

 A good summary: http://www.euronews.com/2016/12/12/brexit-theresa-may-unmoved-by-appeal-over-eu-nationals

Sky News: http://news.sky.com/video/morally-wrong-to-deny-residency-to-eu-citizens-already-in-the-uk-10693978

Why were EU citizens in the news?

Two things: the British Future report on our future status and our handing in of a letter to No.10

Yesterday, British Future published a report on the future status of EU citizens in the UK after Brexit following a 3-month inquiry lead by Gisela Stuart (chair of the Leave campaign) and a panel of cross party politicians, trade unionists, academics and business leaders.

 The report made 14 recommendations to the Government in order to give a new bespoke Indefinite Leave to Remain to all EU citizens living lawfully in the UK up to when article 50 is triggered. It includes some suggestions for the Government to effectively register the 3 million EU citizens so everyone can stay

Please note that the report only looks at the future status of EU citizens after Brexit. Freedom of Movement was excluded from the scope of the report and therefore, there is no mention of the rules that would apply to future EU citizens coming in to the UK after the cutoff date.

 

 

A little more about the report

I’m repeating this summary of the report in case you haven’t seen it yet. These are the 14 recommendations made by British Future in its report on the status of EU citizens after Brexit:

1. Cutoff date when Art.50 is triggered to benefit of the following rights:

2. New legislation to convert Permanent Residency (PR) into bespoke Indefinite Leave to Remain (ILR) status

3. EU citizens on the way to PR to have a 5-year transition period from Brexit

4. There are significant differences between PR and ILR (‘good character test’ english test, salary threshold, cost of application). Bespoke ILR for EU citizens not to exceed cost of passport (£72)

5. Bespoke ILR not to have English test or salary threshold

6 Children in care. Home Office to offer PR and ILR and entitled to legal aid

7. Family migration – 5 year transition period after Brexit to continue family migration.

8. Social and education rights. 5 year transitional period to upkeep right.

9. Pensions uprating for EU citizenship taking their pension in another EEA country

10. Local Authorities (LA) to be first line to approve PR for EU citizens for the same price (£65). More complicated cases to be referred to the Home Office). LA will check HMRC or DWP databases and approx. 1.8m people should see their application processed this way

11. More complex cases passed on to the Home Office to a special dedicated team

12. The Home Office should not refuse PR based on lack of Comprehensive Sickness Insurance *

13. The Home Office to run campaigns to engage EEA nationals and support vulnerable groups though an advice service

14. Offering the above status will create an enormous amount of good-will leaving no choice but for the EU to grant UK citizens in Europe similar rights

 * the entitlement to the free NHS to be considered as fulfilling the CSI requirement for EU citizens

You can read British Future’s official statement at http://www.britishfuture.org/articles/eu-nationals-report/

 

R(Miller) v. Secretary of State for Exiting the European Union

Appellant (Defendant in the High Court)
  • Secretary of State for Exiting the European Union
Respondents (Claimants in the High Court)
  • Deir Tozetti Dos Santos, a British hairdresser, whose claim has joined Gina Miller’s lead claim and he is represented by Edwin Coe LLP and Dominic Chambers QC.

Continue reading R(Miller) v. Secretary of State for Exiting the European Union