## Citizens' Rights - Eu Citizens In The Uk And Uk Nationals In The Eu Policy Paper


## Summary

1.
The UK and EU have agreed a good deal for citizens. ​If approved by


Parliament, the final Withdrawal Agreement will ensure our smooth and


orderly departure from the EU, including securing the rights of over three


million EU citizens in the UK and around one million UK nationals in the EU,


so they can carry on living their lives as before. 
2.
We have been clear that our first priority in negotiations has been to protect


the rights of EU citizens living in the UK and of UK nationals living in the EU.


We have reached an agreement with the EU that delivers on this commitment.


The Government is clear that the reciprocal deal with the EU, as set out in the
 
  

 
 
Withdrawal Agreement, is the only way to protect the rights of both UK


nationals in the EU and EU citizens in the UK. The Withdrawal Agreement


gives these citizens certainty that they can go on living their lives broadly as


now. ​However, it is our duty as a responsible government to prepare for all
 
  

 


eventualities, including 'no deal'. 
3.
The UK is already taking steps to implement the agreement reached. The


Home Office published the details of the EU Settlement Scheme in a


Statement of Intent on 21 June 2018, and has opened the scheme on a live

 
 
trial basis. The scheme will be opened fully by 30 March 2019. We will


continue working closely with our EU partners to understand how they will


uphold their commitments to protect the rights of UK nationals in the EU​.  
 
4.
To remove any ambiguity about their future, the UK Government wants to


reassure EU citizens and their family members living in the UK that they are


welcome to stay in the UK in the unlikely event of a 'no deal' scenario. ​The

 


Government is adopting an approach based on the Withdrawal Agreement.


We have been clear: EU citizens are our friends, our neighbours, our


colleagues, and we want them to stay. EU citizens and their family members


1
resident in the UK by exit day will be able to stay and carry on with their lives


broadly as now. They will continue to be able to work, study, and access


benefits and services in the UK on the same basis after we exit the EU as


they do now.  
2
 
5.
At the same time, the UK Government is calling on the EU and Member


States to uphold their commitments to citizens and to protect the rights of UK


nationals in the event of a 'no deal' scenario. The UK cannot act unilaterally to

 


protect the rights of UK nationals in the EU, but will take necessary steps


where possible to support UK nationals. The UK will continue to provide


updates to UK nationals in the EU on gov.uk and through its network of


Embassies, Consulates and High Commissions. 

6.
This policy paper sets out the details of our offer to EU citizens and calls upon


the EU and Member States to take the same steps to reassure UK nationals


in the EU that they can stay and have their rights protected, in the country


where they have chosen to make their lives. This paper also sets out the


support and assistance that the UK Government will make available to UK


nationals in the EU in a 'no deal' scenario. This is without prejudice to the

 


rights and privileges available to Irish citizens in the UK and UK nationals in


Ireland under the Common Travel Area arrangements.  

## Eu Citizens In The Uk In A 'No Deal' Scenario

7.
We have always been clear that we highly value the contributions EU citizens


make to the social, economic and cultural fabric of the UK and that we want


them to stay in the UK. To remove any ambiguity, the UK Government


guarantees that EU citizens resident in the UK by exit day will be able to stay


and we will take the necessary steps to protect their rights even in a unlikely

 
 
'no deal' scenario.   
 
8.
To achieve this, the UK will continue to run the EU Settlement Scheme for


those resident in the UK by exit day in a 'no deal' scenario. The basis for

 


qualifying for status under the scheme will remain the same as proposed in a

  
'deal' scenario and will be focused on residence in the UK. This means that


any EU citizen living in the UK by exit day will be eligible to apply to this


scheme, securing their status in UK law. 
9.
The application system will continue to be streamlined and user-friendly, and


will continue to draw on existing government data, to minimise the burden on


applicants to provide evidence of their residence. Throughout, the Home


Office will be looking to grant status, not for reasons to refuse. Those here by


exit day will have until 31 December 2020 to apply for status under the


scheme. Until this time, EU citizens will continue to be able to rely on their


passport (as a British citizen may) or national identity card if they are asked to
 
  

 


evidence their right to reside in the UK when, for example, applying for a job,

 
 
as they do currently. 
10.
The UK will continue to honour the right of those who obtain settled status


under the scheme to be able to leave the country for up to five consecutive


years without losing their right to return. We are making the commitment that,


once granted, status under the scheme is secure. More information on the EU

 


Settlement Scheme can be found by following the links under the 'further


information' section of this paper. 

11.
However, in a 'no deal' scenario there would be some necessary changes: 
 
●
As there would be no agreed implementation period, this guarantee would


only apply to EU citizens who are resident in the UK by exit day. 
 
●
As there would be no agreed implementation period, those EU citizens and


their family members resident here by exit day would have until 31


December 2020 to apply for a status under the EU Settlement Scheme,

 


but with no six-month 'grace period' beyond this. The new UK immigration


system would be implemented from 1 January 2021 as planned. 
●
EU citizens would have the right to challenge a refusal of UK immigration

 


status under the EU Settlement Scheme by way of administrative review


and judicial review, in line with the remedies generally available to


non-EEA nationals refused leave to remain in the UK. There would be no


preliminary reference procedure to the Court of Justice of the European


Union, as it would not have any jurisdiction in the UK. 
●
The EU deportation threshold would continue to apply to crimes committed


before exit. However, we would apply the UK deportation threshold to


crimes committed after exit day. 
12.
EU citizens with pre-settled or settled status under the EU Settlement Scheme


would be able to be joined in the UK under the scheme, by 29 March 2022, by

 


existing close family members, such as children, spouses and partners,


parents and grandparents living overseas at exit, where the relationship


existed by exit day (or where a child was born overseas after this date) and

 


continued to exist when the family member applied. After 29 March 2022,


such family members will be able to join EU citizens here by applying through


the applicable UK Immigration Rules. EU citizens with pre-settled or settled


status under the EU Settlement Scheme will be able to be joined by future


spouses and partners (where the relationship was established after exit) and


other dependent relatives under the scheme until 31 December 2020, after


which point the UK Immigration Rules would apply to such family reunion.


Together this would bring the rights of EU citizens in line with the rights of UK

 


nationals from 30 March 2022.  
 

13.
EU identity cards would remain valid for travel to the UK initially. Although


there would be no immediate change, as we introduce the new UK


immigration system from 1 January 2021, we would no longer guarantee that

 


EU citizens will be able to use a national identity card to enter the UK. This

 


would support the Home Office's attempts to streamline border processes and


better secure our borders. 
14.
We will also protect the rights of EU citizens who currently live in another state

 
 
 
but travel regularly to and from the UK because they are employed or


self-employed here, known as 'frontier workers'. Many of this cohort will spend


enough time in the UK to qualify for status under the EU Settlement Scheme.


Otherwise, they will be able to obtain a separate UK immigration status which

 


will allow them to continue frontier working into the UK after exit. 

## In-Country Access To Benefits And Services

15.
In a 'no deal' scenario, EU citizens and their family members lawfully residing
  


in the UK by exit day will be able to continue to access in country benefits and

 


services on broadly the same terms as now. This means that they will retain


their entitlement to healthcare, education, benefits and social housing,


including supported housing and homelessness assistance, on the same


basis as now. These entitlements will be subject to any future domestic policy


changes which apply to UK nationals. EU citizens will also continue to have


their professional qualifications recognised in the UK post-exit, where they


have applied for or received a recognition decision by exit day.  
3
 
16.
The
specific
entitlements
may
vary
across
the
UK
where
policy


implementation is devolved. EU citizens resident in Scotland, Wales or


Northern Ireland should consult the devolved governments of those nations


where relevant. 

## Uk Nationals In The Eu In A 'No Deal Scenario

17.
The Government has engaged extensively with UK nationals in the EU over


the last two years and we understand the uncertainty that would be faced by


UK nationals in the event of a 'no deal' scenario. We have always acted to

 


ensure that UK nationals can continue to live their lives broadly as they do


now, and that remains our objective in a 'deal' and 'no deal' scenario.


However the UK cannot act unilaterally to protect the rights of UK nationals in

 
the EU and that is why we have always prioritised reaching a reciprocal


agreement with the EU. ​The Withdrawal Agreement is the only way the UK


Government can guarantee the rights of the one million UK nationals living in

 
the EU. 

18.
The UK continues to call on the EU and Member States to uphold their


commitments to citizens and to protect the rights of UK nationals in the EU in

 
 
  
the event of a 'no deal' scenario. We want UK nationals to be able to stay in

 


the Member States that they live in when we leave, and for their rights to


employment, healthcare, education, benefits and services to be protected. We


ask Member States to set out details of how they would do so as soon as


possible. 
19.
UK nationals who went to the EU and EU citizens who came to the UK before


the UK's exit from the EU did so on the basis that they would be able to settle


permanently and build a life here, or in the EU. That is why the UK has taken

 

 


steps to remove any ambiguity and provide complete reassurance for EU


citizens in the UK. We ask that the EU and Member States do the same for


our nationals. 
20.
We will continue to push the EU and Member States to secure these rights as


soon as possible, which are in the mutual interest of all our citizens. Where it

 
is in our control, the UK will also continue to preserve certain rights of UK


nationals in the EU, for example by continuing to pay an uprated UK state


pension to eligible UK nationals living in the EU.   
4
 
21.
If, however, UK nationals were unable to continue to live their lives as they do


now in a 'no deal' scenario and returned to the UK to live, there are a number
 
  

 
 
of steps the Government would consider to address concerns that have been


raised. 
22.
We understand that access to healthcare is vital and can confirm that UK


nationals who returned to the UK permanently in a 'no deal' scenario would

 


have access to NHS-funded healthcare on the same basis as UK nationals


already living here. They would also be able to register to vote in local and


national elections. 
23.
We understand the right to bring EU and non-EU citizen family members is an

 
 
important concern. The Government is considering the support that could be


offered and will set out further details in due course. 
24.
We recognise that an issue raised by UK nationals is their ability to access to

 


benefits and housing quickly on return to the UK. Arrangements will be made


to ensure continuity of payments for those who return and are already in


receipt of UK state pension or other UK benefits while living in the EU. We are

 


considering how support could be offered to returning UK nationals where


new claims are made and will set out further details in due course. UK


nationals will continue to be able to access education in the UK and details on

 


where to find information on how to apply and any current eligibility criteria are


provided below. 
25.
Regarding the rights of UK nationals and access to services in the EU, the UK

 


will continue to provide information on its gov.uk websites and through its


network of Embassies, High Commissions and Consulates. We recommend


that UK nationals monitor the ​UK nationals in the EU page​, ​Living in Guides


and ​Travel Advice on gov.uk where we will publish information on areas such


as residency and employment rights, and access to healthcare, benefits and


services for UK nationals in individual Member States, as it becomes


available. Our Embassies, High Commissions and Consulates across the EU


will also continue to hold outreach events for UK nationals in the EU, and


provide information via their social media channels. For information on when


the next event in your country is, please contact your nearest British embassy,

 


Consulate or High Commission. 
26.
We will update our ​Living in Guides with the most up to date information


including specific actions that UK nationals may need to take in order to


secure their rights and access to services in the EU and EFTA states. 
27.
Our consular network will continue to provide professional, tailored assistance


to vulnerable UK nationals overseas.  

## Reciprocal Arrangements In Case Of A 'No Deal' Scenario

28.
Aspects of the reciprocal healthcare and social security coordination section


of the Withdrawal Agreement require reciprocity from the EU or individual


Member States and cannot be protected unilaterally. We are exploring options


to protect past social security contributions, made in the EU and the UK, and


reciprocal healthcare arrangements in the event of a 'no deal' scenario. We

 


are in the early stages of discussions and will announce further details of such


options prior to our exit to allow citizens to make appropriate arrangements. 
29.
We are already ensuring our legal system is able to deliver these. For


instance,
the
Healthcare
(International
Arrangements) Bill was laid in


Parliament on 26 October 2018. This Bill will establish the legal basis to fund


and implement reciprocal healthcare schemes after we leave the EU, whether


through an agreement with the EU, or agreements with individual Member


States.  

## 

30.
The UK will continue to pursue reciprocal agreements with Member States to


secure the right to stand and vote in local elections for UK nationals in the EU,

 

 
 
 
as it is doing in a 'deal' scenario. 
31.
In a show of good faith, as we pursue these bilateral agreements, we can
  


confirm that EU citizens in the UK will continue to be able to vote and stand in

 
England and Northern Ireland's May 2019 local elections. The Scottish


Parliament and Welsh Assembly are responsible for their own franchises. ​We


can also confirm that in a 'deal' or 'no deal' scenario, any EU citizen elected to

  


local government in these elections will be able to serve their full term.  

## Efta Nationals In The Uk And Uk Nationals In Efta States

32.
The UK is seeking citizens' rights agreements with the EFTA states (Iceland,
 
  


Liechtenstein, Norway and Switzerland) to protect the rights of citizens. In the


event of 'no deal' with the EU, the UK would still pursue agreements with the


EFTA states to ensure that EFTA nationals and their dependants resident in


the UK and UK nationals and their dependants living or working in one of the


EFTA states by exit day will be able to carry on with their lives broadly as


now. In any scenario EFTA nationals will be able to stay in the UK post-exit.


The Prime Minister discussed this with her EEA EFTA counterparts at the


Northern Future Forum in Oslo recently and they have all confirmed that UK


nationals living in those states will be able to stay. 
33.
UK nationals in EFTA states should consult the ​UK nationals in the EU page


and the relevant ​Living in Guide to access the most up to date information on


their rights.  

## Further Information Eu Settlement Scheme

●
Details about the EU Settlement Scheme for EU citizens are published on 
gov.uk​.  
●
Questions about immigration policies should be directed to the ​Home Office. Health and Social Care 
●
Questions about health and social care should be directed to the ​Department 
of Health and Social Care. 

## Benefits

●
Questions about benefits should be directed to the appropriate government 
department:  ​Department for Work and Pensions​ ​or ​HM Revenue and 
Customs. 
●
Further information on benefits can be accessed on the benefits webpages at 
gov.uk​.  
●
The Scottish Government publishes details of benefits that they administer on 
the ​mygov.scot​ website. 

## Housing

●
Applications for social housing and homelessness assistance in England are managed by local authorities. Information on how to contact your local 
authority about housing can be accessed at the ​gov.uk​ housing pages. 
●
Further information on social housing in Northern Ireland can be accessed at 
nidirect.gov​, in Scotland at​ mygov.scot​, and in Wales from your local authority or ​gov.wales​.  

## Education

●
Information on applying for school places is published on ​gov.uk.​ Applications 
are managed by local authorities. 
●
Information on applying for ​early education and childcare​ and ​apprenticeships 
is published on gov.uk or your local authority website. 
●
Information on applying for further and higher education is published by 
UCAS.​ Universities and colleges also provide information on their own 
websites. 
●
Details of student finance for courses in England can be accessed at the 
Student Loans Company​ website, for Northern Ireland at ​Student Finance Northern Ireland​, for Scotland at ​Student Awards Agency Scotland​, and for Wales at ​Student Finance Wales​. 

## Uk Nationals In The Eu

●
Information for UK nationals living in the EU can be accessed at ​gov.uk​: 
-
UK nationals in the EU page 
-
Living in Guides  
-
Travel Advice