Theresa May has been advised to Re-think her Immigration Policy to prevent harm to Britons Abroad

EU nationals are not the only individuals fearing the potential negative outcomes arising from the Brexit negotiations in respect of their future in the UK.  Britons abroad are also wary of their fate. Theresa May’s recent proposal was considered so poor that it could actually endanger the rights Britons enjoy on EU soil.

It is also felt in some quarters that Britons are fulfilling the role of the sacrificial lamb in the Conservative plan of reducing immigration.

For instance, Britons living abroad who have tied the knot with an EU national may find it very hard to return to the UK together with their partner, should they wish to do so.  Theresa May stands accused of having ignored an EU proposal which would maintain EU nationals rights while trying to implement UK strict immigration laws.  This is compounded by the claim that during the Brexit referendum campaign, the issue of EU nationals and their rights to remain in the UK and UK nationals’ rights to remain in the EU was not fully explained.  One of the most obvious implications of the UK’s separation from the EU bringing with it such an enormous impact on ordinary people was not fully debated and the pros and cons illuminated.

EU proposal would extend European laws for all EU citizens post-Brexit, allowing them to continue to live, work and move around the bloc without hindrance for life.  Moreover, Theresa May’s previous commitment of protecting the rights of the British in Europe seems to have been overlooked

Some concern is also being expressed towards the way the UK envisages to apply reciprocity if its post-Brexit immigration proposal bears such significant differences compared with what has been proposed by the EU.  Permanent status in the UK is only to be granted to those EU nationals who have spent no less than five years in the UK, therefore according to the principle of reciprocity; this should also apply to Britons in the EU.

It seems an unnecessary cumbrance to require EU nationals that have legally moved to the UK and lived in the country in excess of five years to have to apply for UK settled status, albeit with a fast-track service, despite the fact they are already residing in the UK on the basis of existing and legally acquired rights under EU law. This would ultimately go against fundamental principles of reasonableness. 

It remains to be seen how the two sides of this conundrum can be rationalised by the negotiators but individuals and employers with EU nationals within their staff would be well advised to start planning how they plan to retain the EU talent within their firm.  It is anticipated that there will be a great deal of commercial activity and those entrepreneurs who are agile and focused are the ones that will be prepared and capable of carrying on successfully when the rift finally comes.

If you wish to know more about how Brexit may influence your right to move freely across Europe, or any other aspect of Brexit do not hesitate to contact us at clientservices@giambronelaw.com or telephone +44 (0) 203 102 9428