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ELECTION

OPINION: ‘Nothing can stop Brexit now, we will all feel foreign on February 1st’

Boris Johnson's resounding victory means nothing will stop Brexit now, writes columnist John Lichfield. But it's still the biggest blunder the UK has ever made and will leave the hundreds of thousands of Brits across Europe feeling like foreigners on February 1st.

OPINION: 'Nothing can stop Brexit now, we will all feel foreign on February 1st'
Photo: AFP

In the name of greater democracy our future has been decided without us. Once again.

I speak of the 1.2 million (at least) British citizens living in the other countries of the European Union. We were almost completely forgotten, and denied a vote, in the Brexit referendum in 2016. 

We were entirely forgotten and many of us were denied a vote in the disgraceful and dispiriting general election campaign which has just ended. 

Nothing now can stop Brexit. We will become foreign on February 1st, or more completely foreign, in countries that many of us have come to regard as or home. 

There was an angry reaction in parts of the UK media last week – and glee in other parts – to one of Boris Johnson’s most crassly xenophobic remarks of the campaign. “For too long”, he told Sky News, people from other parts of the EU have been “able to treat the UK as though it’s basically part of their own country”.

Johnson ignored the huge contributions made by the 3,000,000 or so EU-27 nationals in the UK. He implied, deliberately and mendaciously, that most EU residents in Britain were milking the system.

He made no reference to the fact that  1.2 million UK citizens (at least) have equally come to regard their EU-27 host states as “basically part of their own country”. He ignored the contribution that they – we – have made to our host countries and often also to the UK. This is just as true for the Sun-reading Brexiteer retired on the Costa del Sol as the Europhile British Erasmus student in Denmark or Germany. 

READ MORE: Brits in Europe urged to look at bright side of 'devastating' election result

Johnson also ignored the fact that, under the UK withdrawal agreement that he filched with detailed changes from Theresa May, both the “3,000,000” and the “1.2million” will have a continuing right to live and work in our homes from home.

This will probably come as a surprise to those British people – not all but many – who voted Johnson to “get rid of” the Poles and Romanians and Estonians who are propping up the National Health Service. 

Given his Trump-like attention to detail, it is probable that Johnson has never bothered to read this important text, largely negotiated by Mrs May’s government in March last year. 

We (the 800,000 and more) are lucky in this at least.  Johnson and the hard Brexiteers had nothing to do with the “citizens’ rights” clauses of this text which will go “oven ready” through the House of Commons in the next couple of weeks.

The document, enforceable in both EU and UK law, has many gaps or limitations. It means, however, that we can continue to live in our adopted countries beyond 31 December next year – even if  Johnson’s government fails to reach a long-term trade deal with the EU and even if Britain “crashes out” with no deal on 1 January 2021.

This, for the 1.2 million, is one of the silver-linings in yesterday’s election result. It happened too late for the extremist Brexiteers to impose the most extremist possible Brexit. 

The pressure group British in Europe describes the withdrawal agreement as a “mixture of good news, bad news and unfinished business.”

The good news is, briefly, as follows:

  • If you are, or become, legally resident in any of the EU27 countries before the end of next year, you have an absolute right to stay.
  • If you’ve lived in the host country for less than 5 years, you must be employed, self-sufficient, a student or  family member. This is also the case within the EU now.
  • After five years, you will be entitled to permanent residence without these conditions.
  • You can then move away and come back.
  • Existing, reciprocal health care rights will still apply.

 

The bad news is:

  • Depending on decisions made country by country, you will probably have to take steps to prove that you hold the above rights.
  • Some countries, such as France, will insist that you have  a residency permit (Carte de séjour).  
  • You will not, at present, have a right to move residence from one EU country to another. This may be re-examined in negotiations on the final EU-UK relationship this year. 
  • Some professional qualifications will be automatically recognised. Others not.
  • Non-British, non-EU partners, who are not married or  not civil partners, are not automatically considered “family members”.    

On the whole, however, there is no legal reason why legal UK residents in the EU-27 should think they have to leave their homes. Life may be more complicated for the Brits in Spain, France or elsewhere (numbers unknown) who have always avoided contact with local officialdom. 

There may be another silver lining in the sheer scale of Johnson’s election victory.

It will free his hands to negotiate a sensible, final trade deal with the EU in the next few months. He no longer has to please the hardest of the hard Brexiteers. He can, if he wishes, break a campaign promise and extend the negotiations and the transition period for another year, or more, after the end of next year.

Since agreement on final trade deal will take many, many months, an extension of this kind is now likely. That is good news for UK businesses, big and small, based in the EU-27 which trade with Britain.

For the rest of us – thanks to Mrs May’s withdrawal agreement – it will make little practical difference whether the transition agreement is extended or not.

Any other silver linings?

None that I can think of. It is my belief that Britain is now committed to the most serious blunder that the country has ever made.

 

Member comments

  1. What a load of bollocks….. The UK voted to leave the EU as an organisation, not set sail from Europe and move to another part of the world.

    After many years it is about time people accepted the vote and got on with life. The UK wants to be friends with Europe as it is in everybody’s interest to do so. The overwhelming majority that Boris got will enable a proper deal to be arrived at.

    No Brit in Europe should feel a foreigner – if they do it shows the extent that they have not integrated.

    The only difference in the end will be that the UK controls its own borders and laws. Mainland Europe is different than the UK and political union was always going to be a problem. This way we can get a good trade deal and still remain politically separate.

  2. You’re an idiot or can’t read. What the writer is saying is that the British living here now will be classified as foreigners and certainly not members of the EU as is the case before January. Free movement between other EU countries has gone and has gone back to pre 74′ which I remember all too well. As has the movement of goods.

  3. Goods are yet to be decided – it’s called a trade agreement! Obviously leaving the EU will mean that UK citizens will be foreigners in EU countries, but if you currently live in an EU country then you will not be a foreigner if you have integrated!!

    And as for blunder, remember that the UK was a country for many years longer than the EU has existed – It seemed to do OK before!

  4. What a load of bollocks indeed ‘Tony’. What is a ‘proper deal’? What was wrong with the deal we already had?? We already had control of our borders (do your homework) and please tell me ONE EU law that you were really unhappy with? Yep – takes a while to find one dunnit.

    And how were we not ‘politically separate already? We never lost our sovereignty (do your homework) and any trade deal will inevitably be worse than what we already had. It can’t DE FACTO be any better.

    As for the UK doing ‘OK’ before joining the EU – you obviously weren’t there, or need some reminding old chap. The UK in the early 1970s was dull, prudish, hypocritical, boring and, depressing. The banks closed at three, the shops closed at five and the pubs closed at 10.30. On Sundays and on Wednesday afternoons everything was shut. Late night television finished at midnight, and that was only on Friday and Saturday. Food was bland, beer was warm, lager was trendy and wine was for the wealthy. British cars looked awful, were badly built and you usually had to wait months for delivery because the car makers were on strike; or the trains or the power stations etc.
    Still it was the good old days:eh? Women, children, foreigners, homosexuals and blacks still knew their place. There was no domestic violence, although a lot of women accidently walked into doors. There was no rape or child abuse or, if it did happen, it was the “slut’s” own fault “for leading men on”. Everybody trusted bankers, businessmen, doctors, journalists, policemen, politicians, priests, and Rolf Harris.
    Oh and if you were rich, white and a man the UK was great place to live in the early 1970s. Boris Johnson would have loved it in fact.

    So please do get a life Mr Tony. You have absolutely no idea what you are banging on about, like all the other leavers.It’s just a feelin’ innit. Yeah. Bloody foreigners. Blah blah blah.Zzzzzzzzz.

  5. “We already had control of our borders (do your homework)”
    To be fair not entirely. Yes the UK is not a part of Schengen zone but they have to let all the EU citizens in by law. It means that they cannot deny a right to live and work in their own country to citizens of another 27 countries. It’s a big number of people.

    No other “developed” county has that. It’s almost exclusive to the EU. Most other “developed” countries outside of the EU have such agreements with 3-4 countries tops.

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EUROPEAN UNION

How Europe plans to ease long-term residence rules for non-EU nationals

Non-EU citizens living in the European Union are eligible for a special residence status that allows them to move to another country in the bloc. Getting the permit is not simple but may get easier, explains Claudia Delpero.

How Europe plans to ease long-term residence rules for non-EU nationals

The European Commission proposed this week to simplify residence rules for non-EU nationals who live on a long-term basis in the European Union.

The intention is to ease procedures in three areas: acquiring EU long-term residence status, moving to other EU countries and improving the rights of family members. 

But the new measures will have to be approved by the European Parliament and the EU Council, which is made of national ministers. Will EU governments support them?

What is EU long-term residence?

Non-EU citizens who live in EU countries on a long-term basis are eligible for long-term residence status, nationally and at the EU level. 

This EU status can be acquired if the person has lived ‘legally’ in an EU country for at least five years, has not been away for more than 6 consecutive months and 10 months over the entire period, and can prove to have “stable and regular economic resources” and health insurance. Applicants can also be required to meet “integration conditions”, such as passing a test on the national language or culture knowledge. 

The EU long-term residence permit is valid for at least five years and is automatically renewable. But the status can be lost if the holder leaves the EU for more than one year (the EU Court of Justice recently clarified that being physically in the EU for a few days in a 12-month period is enough to maintain the status).

READ ALSO: IN NUMBERS: How many non-EU citizens live in European Union countries?

Long-term residence status grants equal treatment to EU nationals in areas such as employment and self-employment or education. In addition, EU long-term residence grants the possibility to move to other EU countries under certain conditions. 

What does the European Commission want to change?

The European Commission has proposed to make it easier to acquire EU long-term residence status and to strengthen the rights associated with it. 

Under new measures, non-EU citizens should be able to cumulate residence periods in different EU countries to reach the 5-year requirement, instead of resetting the clock at each move. 

This, however, will not apply to individuals who used a ‘residence by investment’ scheme to gain rights in the EU, as the Commission wants to “limit the attractiveness” of these routes and not all EU states offer such schemes. 

All periods of legal residence should be fully counted towards the 5 years, including those spent as students, beneficiaries of temporary protection or on temporary grounds. Stays under a short-term visa do not count.

Children who are born or adopted in the EU country having issued the EU long-term residence permit to their parents should acquire EU long-term resident status in that country automatically, without residence requirement, the Commission added.

READ ALSO: Why it may get easier for non-EU citizens to move to another European Union country

EU countries should also avoid imposing a minimum income level for the resources condition but consider the applicant’s individual circumstances, the Commission suggests.

Integration tests should not be too burdensome or expensive, nor should they be requested for long-term residents’ family reunifications. 

The Commission also proposed to extend from 12 to 24 months the possibility to leave the EU without losing status, with facilitated procedures (no integration test) for the re-acquisition of status after longer absences.

A person who has already acquired EU long-term residence status in one EU country should only need three years to acquire the same status in another EU member state. But the second country could decide whether to wait the completion of the five years before granting social benefits. 

The proposal also clarifies that EU long-term residents should have the same right as EU nationals with regard to the acquisition of private housing and the export of pensions, when moving to a third country. 

Why make these changes?

Although EU long-term residence exists since 2006, few people have benefited. “The long-term residents directive is under-used by the member states and does not provide for an effective right to mobility within the EU,” the Commission says. 

Around 3.1 million third-country nationals held long-term residence permits for the EU in 2017, compared to 7.1 million holding a national one. “we would like to make the EU long-term residence permit more attractive,” said European Commissioner for Home Affairs Ylva Johansson.

The problems are the conditions to acquire the status, too difficult to meet, the barriers faced when moving in the EU, the lack of consistency in the rights of long-term residents and their family members and the lack of information about the scheme.

Most EU member states continue to issue “almost exclusively” national permits unless the applicant explicitly asks for the EU one, an evaluation of the directive has shown.

READ ALSO: Pensions in the EU: What you need to know if you’re moving country

This proposal is part of a package to “improve the EU’s overall attractiveness to foreign talent”, address skill shortages and facilitate integration in the EU labour market of people fleeing Ukraine. 

On 1 January 2021, 23.7 million non-EU nationals were residing in the EU, representing 5.3% of the total population. Between 2.25 to 3 million non-EU citizens move to the EU every year. More than 5 million people have left Ukraine for neighbouring states since the beginning of the war in February. 

Will these measures also apply to British citizens?

These measures also apply to British citizens, whether they moved to an EU country before or after Brexit. 

The European Commission has recently clarified that Britons living in the EU under the Withdrawal Agreement can apply for a long-term residence too.

As Britons covered by the Withdrawal Agreement have their residence rights secured only in the country where they lived before Brexit, the British in Europe coalition recommended those who need mobility rights to seek EU long-term residence status. 

These provisions do not apply in Denmark and Ireland, which opted out of the directive.

What happens next?

The Commission proposals will have to be discussed and agreed upon by the European Parliament and Council. This is made of national ministers, who decide by qualified majority. During the process, the proposals can be amended or even scrapped. 

In 2021, the European Parliament voted through a resolution saying that third-country nationals who are long-term residents in the EU should have the right to reside permanently in other EU countries, like EU citizens. The Parliament also called for the reduction of the residency requirement to acquire EU long-term residence from five to three years.

READ ALSO: COMPARE: Which EU countries grant citizenship to the most people?

EU governments will be harder to convince. However, presenting the package, Commission Vice-President for Promoting our European Way of Life, Margaritis Schinas, said proposals are likely to be supported because “they fit in a broader framework”, which represents the “construction” of the “EU migration policy”. 

National governments are also likely to agree because large and small employers face skill shortages, “especially in areas that are key to our competitiveness, like agri-food, digital, tourism, healthcare… we need people,” Schinas said.

The article is published in cooperation with Europe Street News, a news outlet about citizens’ rights in the EU and the UK.

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