EU tells UK better relationship depends on treatment of EU citizens
The EU told the UK that building a better relationship after Brexit will depend on the treatment of EU citizens and the fulfilment of commitments made under the withdrawal agreement, according to a leaked document seen by the Financial Times.
The newspaper reported last week that the EU put forward eight demands to the new UK government to ‘reset’ the relationship and re-establish trust after the tense Brexit years.
EU withdrawal agreement
According to the document, the UK must first honour the withdrawal agreement, including the protection of the rights of EU citizens who were living in the UK before Brexit, before negotiative new terms.
The document prepared by the European Commission and to be discussed by member states says in particular that the UK should fully implement a UK High Court ruling on the transition from pre-settled status (which grants eligible EU citizens temporary rights) to settled status (which secures permanent rights).
In December 2022, the High Court ruled that provisions in UK law requiring EU citizens with pre-settled status to complete a second application or face a complete loss of rights were not in line with the withdrawal agreement.
The Court said residence rights can only be lost in specific circumstances, such as extended absences, fraudulent applications or criminal conduct. Pre-settled status holders should not be denied permanent residence, nor lose rights without a second application to the scheme. They should also be entitled to reside permanently in the UK once they have lived in the country for the required 5 years.
In August 2023 the UK government announced that EU and other eligible citizens would have their pre-settled status automatically extended by two years – later brought to 5 years.
The Home Office also promised to remove expiry dates from the digital profiles, which risked penalising candidates for jobs or house rentals, and automatically convert pre-settled to settled status for people who meet the criteria.
Following the Financial Times report, citizens rights group the3million commented on X: “It’s clear now is the time to correct the previous government’s mistakes and reverse the hostility shown to EU citizens living in the UK. We’re pleased citizens’ rights are at the top of the agenda of discussions about the EU/UK future relationship.”
Open issues
There are still many open issues, however, on the EU settlement scheme. The3million have long complained about the difficulties posed by a digital-only status, especially when travelling or if the IT infrastructure does not work properly. Criteria for late applications were tightened last year.
The Independent Monitoring Authority (IMA), the body tasked to oversee the implementation of the Brexit agreements on citizens rights, lists on its website the areas on which it receives complaints, from difficulties on benefit payments to problems with student loans.
The European Commission also recently pushed forward a legal action against the UK for failing to comply with EU free movement rules before Brexit, which can have consequences for the implementation of the withdrawal agreement.
New deal for young people
According to the Financial Times, the EU’s priorities also include an agreement that would make it easier for EU and UK citizens aged between 18 to 30 to move across the Channel to work and study.
In April, the Commission proposed a youth mobility scheme that would allow to stay for up to 4 years in the destination country with the possibility to undertake different activities without being subject to a quota system or facing ‘excessive’ visa fees.
The proposal was made as “the UK has shown interest in the issue by reaching out to a number of member states on youth mobility” and the Commission was seeking “to address this matter of common concern in an EU-wide manner”.
The UK has so far declined the offer and UK and EU spokespeople did not comment on the leaked document.
The European Movement UK is running a petition calling on the government to open talks with the EU “to restore the UK’s inclusion in Erasmus+ and accept the invitation to negotiate a bilateral youth mobility scheme.”
Claudia Delpero, Europe Street News © all rights reserved
Image by Gerd Altmann from Pixabay
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