Questions and Answers – the rights of EU27 and UK citizens post-Brexit, as outlined in the Joint Report from the Negotiators of the European Union and the United Kingdom Government (12th Dec 2017) download here.
This document provides information on the common understanding reached on the rights of EU27 and UK citizens’ post-Brexit as set out in the Joint Report from the negotiators of the European Union and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 TEU on the United Kingdom’s orderly withdrawal from the European Union. Should the European Council (Article 50) consider on 15 December that sufficient progress has been made in the negotiations, the Withdrawal Agreement based on Article 50 of the Treaty on European Union – on which citizens will base their rights – should be drafted on the basis of the Joint Report and the outcome of the negotiations on other separation issues. This present document interprets the Joint Report for information purposes only and should not be understood as the final text of the Withdrawal Agreement.
Who will be covered by the Withdrawal Agreement?
EU citizens must be lawfully residing in the host state on the date of the UK’s withdrawal, in accordance with EU law on free movement of EU citizens.
The conditions of residence are the same as those under current EU law. Decisions for obtaining the status under the Withdrawal Agreement will be made with the objective criteria established therein (i.e. no discretion), and on the basis of the exact same conditions set out in the Free Movement Directive (Articles 6 and 7 confer a right of residence for up to five years on those who work or have sufficient financial resources and sickness insurance), Articles 16 – 18 confer a right of permanent residence on those who have resided legally for five years).
The Withdrawal Agreement does not require physical presence in the host state on the date of the UK’s withdrawal – temporary absences that do not affect the right of residence are accepted.
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Are You an EU citizen living in the UK? Are you affected by #Brexit uncertainty? Check out the most frequently asked questions and find out what the EU is doing for you. https://ec.europa.eu/unitedk…/services/your-rights/Brexit_en