Protect EU citizens’ rights in withdrawal agreement, Lords say

The risk of the loss of EU citizenship rights for EU nationals in the UK, and for UK nationals in EU member states, as a consequence of Brexit requires action “now”, says a House of Lords report published today by the EU justice sub-committee.

The report comes as Helena Kennedy, Baroness Kennedy of The Shaws, chairman of the sub-committee told The Guardian this week that EU nationals should begin gathering proof they have lived in the UK.

It calls on the government to give a unilateral undertaking immediately to guarantee to safeguard the EU citizenship rights of all EU nationals in the UK when the UK withdraws from the EU. It states that the “overwhelming weight of the evidence received points to this as morally the right thing to do”.

If the government does not choose this course, the report states, there is a strong case to be made for agreeing EU citizenship rights as a preliminary and separate element of the negotiations as soon as Article 50 is triggered.

It also warns that if EU citizenship rights are not safeguarded in the withdrawal agreement the consequences for EU citizens living in the UK and UK citizens living abroad will be severe. Both will be subject to national immigration law, which restricts the rights of migrants.

Evidence submitted to the committee suggests that if EU nationals who have been in the UK for over five years, and who are economically inactive (such as the retired or students,) are unable to provide comprehensive sickness insurance, they may not meet the criteria for permanent residency. The committee has called on the government to explain whether this consideration will influence the decision it makes on the cut-off point for deciding which EU nationals in the UK are given a permanent right to reside after Brexit.

Baroness Kennedy said: “The government is under a moral obligation to give a unilateral declaration immediately to safeguard the EU citizenship rights of all EU nationals in the UK when the UK withdraws from the EU.

“I also believe that such a gesture will stimulate reciprocal commitments from the other EU countries where UK citizens are currently living.”

“For the last six months, the lives of EU citizens living in the UK and UK citizens living in the EU have been shrouded in anxiety. Their rights to live, work and reside in their country of choice are now so unclear that people have no idea how, or even where, they should plan their futures.

“Most shockingly the rise in xenophobic behaviour since the referendum has now meant that EU citizens who have contributed to the UK economy for years no longer feel welcome in the country they call home. We find that unacceptable.”