The Consequences of Brexit [part 4]

EU citizens who stay here come under British law and British ones who stay in Europe come under EU law after Brexit.

Last June, in the days immediately after the referendum, David Cameron wanted to reassure EU citizens they would be allowed to stay. All his Cabinet agreed with that unilateral offer, except his Home Secretary, Mrs May, who insisted on blocking it. A vote in the Commons earlier this year was only carried with a nod and a wink to Tory MPs behind the scenes that she didn’t really mean it. Since then, the Government has lost its majority and it seems likely that an opposition motion to grant EU citizens the right to remain unilaterally could be carried.

http://www.standard.co.uk/comment/comment/evening-standard-comment-we-should-unilaterally-allow-eu-citizens-to-stay-a3571591.html

The Dutch MEP Sophie in ‘t Veld, who is at the vanguard of the European parliament’s campaign for EU citizens’ rights, described Theresa May’s offer as “possibly the least generous” the UK could have come up with. She said:

This is not a matter of May doing any special favours for people, but it is a matter of rights which cannot be taken away or restricted arbitrarily. The UK is still a member of the EU until Brexit, so citizens must still be able to exercise their right of free movement until Brexit day. It is difficult to see how this offer could be viewed as “generous” or even “fair”. It is probably the least generous proposal the UK government could have constructed within the confounds of international law.

What May seems to propose is not granting rights to citizens, but actually retroactively restricting the rights they have acquired to date. These rights were acquired under EU law, so it is only natural that the ECJ [European court of justice] should remain competent. The retroactive restriction of rights is contrary to the democratic rule of law. Is this what Mrs May wishes to obtain for British citizens in Europe too?

https://www.theguardian.com/politics/live/2017/jun/23/merkel-says-mays-offer-on-eu-citizens-is-a-good-start-live-updates

What freedoms will any EU citizens lose under these proposals if they choose to stay ?

What freedoms will any EU citizens lose under these proposals if they choose to stay ?

Any a future UK government decides to retroactively remove from them after we've left the EU. That's one of the issues with the proposal. May hasn't yet defined who qualifies to stay either.

Really?

 

Currently EU residents have the right to permanent residence status after five years, so nothing new there. There is nothing at all offered for anyone under five years.

 

What is different, is that they will now get a new status, as opposed to the current standard. Now the U.K. has a history of different types of citizenship and of assigning various rights to these groups, and there is no (proposed) way to ensure that those rights are enforceable against a future Act of Parliament.

 

So I am not finding this any more comforting than before: I don't see anything new in this, it is just the UK government dressing up the current status, and hoping no one will notice. As I expected.

 

Ironically (hey, Brexit is the gift that keeps on giving, right?) what May has proposed is essentially what Labour proposed during the election: isn't it nice that at least part of one of the main party's manifestos is getting implemented?

It say that anyone who live here and came before brexit cut off date, have a right to get permanent residency and citizenship (if he or she apply) when 5 years of register living here ended. Yes, its much like before.

But it say something about people (like me) who are living here less then 5 years.

Thats what I meant by ending uncertainty. Its not cream and cookies, but at least it will not end by throwing and deporting people out.

And that kind of "solution" was mentioned couple of times during last 2 years.

Any a future UK government decides to retroactively remove from them after we've left the EU. That's one of the issues with the proposal. May hasn't yet defined who qualifies to stay either.

Any a future UK government decides to retroactively remove from them after we've left the EU. That's one of the issues with the proposal. May hasn't yet defined who qualifies to stay either.

But, is it possible to enforce laws and rules retroactively?

It say that anyone who live here and came before brexit cut off date, have a right to get permanent residency and citizenship (if he or she apply) when 5 years of register living here ended. Yes, its much like before.

But it say something about people (like me) who are living here less then 5 years.

Thats what I meant by ending uncertainty. Its not cream and cookies, but at least it will not end by throwing and deporting people out.

And that kind of "solution" was mentioned couple of times during last 2 years.

But you still sound like you are selling yourself short, i.e happy settling for the "two in the bush" which May is promising, without looking (or holding out for?) the "one in the hand" you already have right now?

But, is it possible to enforce laws and rules retroactively?

Example case in point: are you familiar with the Disability allowance/ESA/JSA controversy of the past few years?

It say that anyone who live here and came before brexit cut off date, have a right to get permanent residency and citizenship (if he or she apply) when 5 years of register living here ended. Yes, its much like before.

But it say something about people (like me) who are living here less then 5 years.

Thats what I meant by ending uncertainty. Its not cream and cookies, but at least it will not end by throwing and deporting people out.

And that kind of "solution" was mentioned couple of times during last 2 years.

I wonder what percentage of leave voters do want to throw you out? Is this half arsed solution "hard" enough for them?

haven't the government said that all EU citizens living here can stay ?

Under what conditions though?

haven't the government said that all EU citizens living here can stay ?

No. They've said those who've been living here for five years can but not yet specified a cut off date.