No-deal Brexit: Brits in Europe furious over EU’s new contingency plan

The European Commission published its contingency plans for a no-deal Brexit on Wednesday and asked member states to take a "generous approach" to securing the rights of UK citizens living in their countries.

No-deal Brexit: Brits in Europe furious over EU's new contingency plan
Photo: AFP

The EU Commission, just like the British government, is ramping up its preparations for the growing possibility that Britain could crash out of the EU without a deal.

Although a Withdrawal Deal has been agreed between London and Brussels it still appears unlikely that British Prime Minister Theresa May will have enough backing in the UK parliament to ratify the agreement.

MPs are not set to vote on the deal until January which means both sides are rapidly stepping up their contingency plans for a no-deal, an event both Brussels and London are still keen to avoid.

On the crucial subject of citizens rights the Commission has decided not to take action as a bloc but instead urge individual EU countries to take steps that would allow UK citizens to stay and give them time to apply for the relevant visa.

But campaigners for Britons in Europe say the EU's decision to leave the issue of citizens rights up to individual countries shows that the millions of EU citizens in the UK and the one million Brits in Europe have been “abandoned”.

'The UK will leave the EU in 100 days time'

They are particularly angry that Brits in the EU will not benefit from any transition period if there's a no-deal.

Jane Golding, Co-Chair of British in Europe said: ‘We are appalled to learn that, while aviation and financial services merit an extension of current agreements in the case of no deal, people do not.

“This means that there will be no soft landing for over 1.2 million British nationals living on the continent who will have to adjust to life as third-country nationals overnight once all their EU rights have been stripped from them.”

The EU Commission said on Wednesday: “The United Kingdom will leave the European Union in 100 days’ time.

“Given the continued uncertainty in the UK surrounding the ratification of the Withdrawal Agreement, as agreed between the EU and the UK on 25 November 2018 – and last week’s call by the European Council (Article 50) to intensify preparedness work at all levels and for all outcomes – the European Commission has today started implementing its “no-deal” Contingency Action Plan.”

“Today’s Communication invites Member States to take a generous approach to the rights of UK citizens in the EU, provided that this approach is reciprocated by the UK,” read a statement.

“In particular, Member States should take measures to ensure that UK citizens legally residing in the EU on the date of withdrawal will continue to be considered legal residents. Member States should adopt a pragmatic approach to granting temporary 2 residence status.

“It is recalled that the Commission has already adopted a proposal for a Regulation which exempts UK nationals from visa requirements, provided that all EU citizens are equally exempt from UK visa requirements.

“As regards social security coordination, the Commission considers it necessary that Member States take all possible steps to ensure legal certainty and to protect the rights acquired by EU27 citizens and UK nationals who exercised their right to free movement before 30 March 2019.”

The Commission also released a Q&A that covered the issue of citizens' rights.

It says EU countries should “stand ready to issue residence permits to UK nationals” and “take all measures to be able to issue those permits by the withdrawal date and to process applications for definitive residence permits by the end of 2019.”

Reacting to the plan British in Europe's Jane Golding added: “In practical terms with only 100 days to go, the Commission is merely asking the EU 27 to make sure we can still be considered legally resident on 30 March 2019 and stand ready to issue documents to provide evidence of that.

“This will be a massive and overwhelming task in some countries. After that, the EU 27 would then be asked to process applications for permanent third country national documents by the end of 2019.”

'Anxiety levels rising'

Golding said the Commission's plan was proof that British citizens will have to fend for themselves if there is a no-deal.

“With the spectre of no deal rising again, so are people’s anxiety levels and it is wrong that citizens’ rights were not guaranteed at the outset,” she said.

“Now British citizens have a been given a clear message that if there is no deal they are on their own, abandoned by the UK government and the EU. This is a far cry from the negotiators’ promises that we would be able to live our lives as before.”

Photo: AFP

Kalba Meadows from the Remain in France Together (RIFT) told The Local: “They're kicking the entire citizens' rights can across to individual member states, which is going to lead to widespread differences in treatment of British people living in different countries because residence rights for third country nationals is a mixture of shared and national competence.

“When the negotiations began, citizens' were the “first priority” for the Commission. Now we're just 'a' priority, and not a very high one at that.

“The only light in the tunnel is that France is well ahead with its own no deal contingency planning and has shown itself to be genuinely concerned to protect the rights of British residents, although obviously that is contingent on the UK's treatment of French citizens living there.

“All of this shows why a ring fenced citizens' rights agreement is so desperately important.”

Local Europe has reported in recent weeks the preparations certain EU countries are making for a no-deal Brexit.

In France French MPs have just voted through a bill that will allow the government to take emergency measures that would effectively allow Britons already in France to continue to stand work or be retired.

A similar move has been taken in Germany  and Sweden has also been stepping up its own contingency measures to prepare for a no-deal.

Member comments

  1. Calm down, this hysteria just frightens people. There is not going to be mass deportation of Brits from EU Member States. Yes, things are going to change, possibly to what existed before FOM and we will have to ‘regularise’ our status. But we still lived easily then and we will continue do so after next March.
    Don’t get caught up in politicians’ silly mind games!

  2. I absolutely agree.
    Non French have lived happily in France for decades without any special EU type deal

  3. Two wise and helpful comments – there is too much synthetic anger around all this and it frightens the more nervous of the horses!

  4. Most things maybe..but where are the guarantees from April 2019 for our continued CPAM cover and therefore our mutuel? Fully private healthcare is impossibly expensive and would make life impossible.

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Brits in Europe won right to vote for life in UK but questions remain

After years of campaigns and promises British citizens living abroad finally won the lifelong right to vote in UK general elections in April 2022. But campaigners say more needs to be done to allow all those Britons abroad to be able cast their votes easily.

Brits in Europe won right to vote for life in UK but questions remain

What’s in the law?

The Elections Act 2022 introduced several changes to the current legislation on electoral participation. Among these, it removed the rule by which British citizens lose their voting rights in the UK if they have lived abroad for more than 15 years

The new rules also abolished the requirement to have been previously registered in the UK electoral roll to become an overseas voter. In addition, the registration in the electoral roll will now last up to three years instead of only one year.

It is estimated that these changes could increase the number of overseas voter registrations by some 3 million. But the way new measures will be applied in practice is still to be defined.

READ ALSO: ‘Mixed feelings’ – British citizens in Europe finally get right to vote for life

Defining the practicalities

Under the new law, Britons living abroad will have to register to vote in the last place they were registered in the UK. This means that people who have never lived in the UK will be ineligible to vote, regardless of how long they have been overseas, while those who left when they were children will be able to use a parent or guardian’s address.

But given that the UK does not require residents to register with local councils, how to prove previous UK residence? “Typical documents accepted as a proof of residence are Council tax or utilities bills, but not everyone will have them or will have kept them in an international move,” says Fiona Godfrey, co-founder of the British in Europe coalition.

Ballot papers are pictured in stacks in a count centre as part of the 2019 UK general election. (Photo by ANDY BUCHANAN / AFP)

Other questions concern how people will effectively cast their ballot. UK citizens overseas will be able to vote by post or by proxy or in person at their polling station if they are in the UK at the time of the election. However, few people are likely to travel to the UK for an election and in the past there have problems and delays with postal voting.

The Electoral Commission has recommended that overseas electors appoint a proxy to vote on their behalf. But who could that be for people who have been away from their constituency for a long time?

New secondary legislation will have to answer these questions, defining how to be included in the electoral roll and how to exercise the voting right in practice.

According to British in Europe, the government should present draft legislation in the first half of the year so that the parliament can adopt it before summer and registrations of overseas voters can start in the autumn.

British in Europe survey

British in Europe are currently running a survey to understand the difficulties UK citizens abroad may face in the registration and voting process, as well as their intention to participate in elections.

The survey asks for instance which documents people can access to prove their previous residence in the UK, what problems they had voting in the past, and if and how they plan to vote in the future.

“We need to get an up-to-date picture of British citizens living around the world and have information to make recommendations to the government, as it prepares secondary legislation,” Godfrey said. “If millions of people will exercise their voting rights, there will be consequences for council registration offices, post office and authorities that will manage the process, among other things” she argued.

The right to vote concerns only UK parliamentary elections and national referendums, not elections in the devolved administrations of Scotland, Wales and Northern Ireland, or at local level.

The survey is open to UK citizens living anywhere in the world and is available at this link.