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21 July 2017 / Jonathan Kingham
Issue: 7755 / Categories: Features , Brexit
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EU citizenship: all at sea?

Jonathan Kingham explores the UK’s ‘offer’ on residency for EU citizens

 

  • UK and EU proposals in relation to residency/immigration status.
  • UK proposals for pre- and post-cut-off date arrivals.

The UK government published its ‘offer’ on securing the residency status of EU citizens and their family members, on and from the day that the UK leaves the EU, last month. This is one of the key matters to be covered in the initial phase of withdrawal negotiations, which formally commenced on 19 June 2017.

Under the EU’s proposal, which was issued in May, the rights of UK citizens who are residing in the EU on the withdrawal date, or have previously resided in the EU, would be guaranteed by their retaining EU law residence rights for them and their family members, for their lifetime. The same would apply to EU citizens in the UK. The EU envisages a continuing role for the Court of Justice, in order to enforce these rights.

The UK government’s position is rather different. Despite describing

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