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Automatic transformation of EU citizenship rights is the way forward

The British Home Office has created a bureaucratic nightmare for EU citizens applying for permanent residency. Might there be a better way forward?

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PA-2666038.jpg

Joel Ryan/PA Archive/PA Images. All rights reserved.

According to official figures there are over three million non-UK EU citizens living in the United Kingdom, many of which live in Bristol. Following the referendum of 23 June 2016 and the notification by the UK government to withdraw from the European Union many of those citizens are naturally feeling anxious about Brexit and the future of their rights in this country. What will happen to them once the UK leaves the EU is still unclear. In the Guidelines Following the UK’s Notification under Article 50 TEU adopted on 29 April 2017, the EU 27 recognise that “the United Kingdom’s decision to leave the Union creates significant uncertainties that have the potential to cause disruption”, notably for “[c]itizens who have built their lives on the basis of rights flowing from the British membership of the EU [and] face the prospect of losing those rights”.

Clarifying the status of EU citizens could have been done unilaterally by the British government. It chose not to, however, arguing that the status of UK nationals in EU states also needed to be addressed and reciprocal rights offered. Although the issue was raised in parliament during the debate over the European Union (Notification of Withdrawal) Bill legal uncertainty remains. The European Union has on several occasions stressed that finding a solution to this issue was paramount and needed to be tackled at an early stage of the Brexit negotiations. Indeed as stressed in paragraph eight of the EU 27’s guidelines, “[t]he right for every EU citizen, and of his or her family members, to live, to work or to study in any EU Member State is a fundamental aspect of the European Union”.