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BREXIT

British expats in EU launch Brexit legal dispute

British expats living in Spain, France and Italy launched a legal challenge on Tuesday against the 2016 referendum, arguing Leave campaign broke electoral laws, therefore making the Brexit vote unconstitutional.

British expats in EU launch Brexit legal dispute
Photo: AFP

The legal challenge was presented by pro-EU advocacy group “UK in EU Challenge”, which represents Britons living in France, Italy and Spain.

The group submitted on Tuesday a judicial review against Prime Minister Theresa May at London’s High Court, arguing that the recent Electoral Commission findings on BeLeave and Vote Leave mean that the UK referendum to leave the EU was not a legal, fair or free vote.

In a statement on its website, UK in EU Challenge wrote “recent revelations show beyond reasonable doubt that the Leave campaign cheated in the Brexit referendum”.

“The Electoral Commission found “beyond reasonable doubt” that Vote Leave, the official campaign, cheated on its spending limit by almost £700,000 (6 percent).

“In a general election, local authority election or local authority referendum the courts can declare the vote null and void if there has been cheating of exactly this type,” the website reads.

The case presented by Croft Solicitors, the legal team representing the four British expats in question, argues Theresa May’s decision to trigger Article 50 was not in line with the U.K.’s “constitutional requirements”.

 

 

One of the four named claimants is Elinore Grayson, a British expat living in France. 

“It is fundamental that illegal intervention in British elections does not go unchecked,” she is quoted as saying by The Guardian.

“The principle of nullity when a decision was made on incorrect or misleading facts is a longstanding one and we wish to ensure that continues to apply at this crucial time.

“Many people across the EU, myself included, are reliant on bestowed rights to live their daily lives; there must be zero tolerance when it comes to cheating, misrepresentation and non-disclosure of information.”

The British government is resisting the group’s legal action on the grounds that it is “out of time” and that a similar appeal has already been dismissed.

But Croft Solicitors argues the claim isn’t outdated as only last July the Electoral Commission found that BeLeave spent £675,000 of undeclared money.

Almost 80 percent of the estimated 1 to 2 million Brits living in EU countries are of working age or younger.

Many of these expats fear their livelihoods and freedom to move around Europe are under threat, a sentiment the group UK in EU Challenge shares.

“The most important Court challenge yet. UK citizens living in the EU, your rights are in very serious jeopardy- so too for EU citizens in the UK. All are affected,” reads a Facebook post by the group.


 

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BREXIT

Brexit: Brits in EU feel European and don’t want to return home

The majority of Britons who live in the EU, Norway, Iceland or Switzerland and are protected under the Brexit agreement feel European and intend to remain in Europe permanently, but many have concerns about travel problems, a new survey reveals.

Brexit: Brits in EU feel European and don't want to return home

The research also shows that problems exist and “travel is where most issues relating to the new status currently occur”. For instance, border officials are still stamping passports of UK citizens with residence rights under the EU UK withdrawal agreement, even though they shouldn’t.

“There is constant confusion around passport stamping. I was ‘stamped in’ to France on a short trip… but could not find anyway to be ‘stamped out’ again. I think I can only spend 90 days in other EU countries, but have no idea how anyone can check or enforce that – until someone decides to try. It’s a mess,” was one of the answers left in an open question.

“Every time I go through a Schengen border control, I need to provide both my passport and Aufenthaltstitel card [resident permit in Germany] and watch to check that they don’t stamp my passport. As I am currently travelling a lot that’s been 20-odd times this year…” another respondent said.

The survey was carried out by Professor Tanja Bueltmann, historian of migration and diaspora at the University of Strathclyde in Glasgow, between October and November 2022. About 1,139 UK citizens replied.

Of these, 80 per cent found acquiring their new status easy or very easy, 60.7 per cent feel their rights are secure, while 39.3 per cent have concerns about their status going forward.

Staying permanently

More than three quarters (76.6 per cent) of respondents said they plan to live permanently in the EU or the other countries of the European Economic Area and Switzerland. In fact, 65.7 per cent said that Brexit has increased the likelihood of this choice.

For some, the decision is linked to the difficulty to bring non-British family members to the UK under new, stricter immigration rules.

“My German wife and I decided we no longer wanted to live in UK post Brexit referendum. In particular, we were affected by the impact of immigration law […] We cannot now return to UK on retirement as I cannot sponsor her on my pension. We knew it was a one-way journey. Fortunately, I could revive an application for German citizenship,” was a testimony.

“My husband is a US citizen and getting him a visa for the UK was near impossible due to my low income as a freelance journalist. We realized under EU law, moving to an EU country was easier. We settled on Austria as we had both lived there before… we could speak some German, and we like the mountains,” said another respondent.

Professor Bueltmann noted that the loss of free movement rights in the EU could be a factor too in the decision of many to stay where they are.

Citizenship and representation

Among those who decided to stay, 38.2 per cent are either applying or planning to apply for a citizenship and 28.6 per cent are thinking about it.

A key finding of the research, Bueltmann said, is that the vast majority of British citizens do not feel politically represented. Some 60 per cent of respondents said they feel unrepresented and another 30 per cent not well represented.

Another issue is that less than half (47.5 per cent) trust the government of their country of residence, while a larger proportion (62 per cent) trust the European Union. Almost all (95.6 per cent) said they do not trust the UK government.

Feeling European

The survey highlights the Brexit impacts on people’s identity too. 82.6 per cent of respondents said they see themselves as European, a higher proportion than those identifying as British (68.9 per cent).

“Brexit has really left me unsure of what my identity is. I don’t feel British, and I certainly don’t identify with the mindset of a lot of British people who live there. Yet, I am not Danish either. So, I don’t really know anymore!” said one of the participants in the survey.

Professor Bueltmann said the survey “demonstrates that Brexit impacts continue to evolve: this didn’t just stop because the transition period was over or a deadline for an application had been reached. Consequently, Brexit continues to shape the lives and experiences of British citizens in the EU/EEA and Switzerland in substantial, sometimes life-altering, ways.”

Considering the results of the study, Professor Bueltmann recommends policy makers in the EU and the UK to address the issue of lack of representation, for instance creating a joint UK-EU citizens’ stakeholder forum.

The report also recommends the UK government to rebuild trust with British citizens in the EU introducing voting rights for life and changing immigration rules to allow British-European families to return more easily. 

This article was prepared in cooperation with Europe Street News.

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