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Merkel spokesman says reopening Brexit deal is ‘not on agenda’

Germany on Wednesday slapped down Britain's hopes of persuading Brussels to rewrite the Brexit deal, with Chancellor Angela Merkel's spokesman saying re-examining the agreement was "not on the agenda".

Published: 30 January 2019 11:41 CET

Merkel spokesman says reopening Brexit deal is 'not on agenda'

Anti-Brexit campaigners on Tuesday. Photo: DPA

“Opening the withdrawal agreement is not on the agenda,” said Steffen Seibert, a day after British Prime Minister Theresa May said she would seek to revisit the pact she sealed with the 27 EU leaders at a summit last month.

SEE ALSO: Second Brexit referendum 'more likely' every day: Germany's Justice Minister

British MPs late Tuesday voted through an amendment saying they would only support a divorce deal if a controversial “backstop” clause to keep the Irish border open was removed.

The German government has taken note of the British parliament's decision to seek “more clarity” on the border issue, said Seibert.

“It is now up to PM Theresa May to give concrete explanations on this issue to the EU's Brexit negotiator Michel Barnier and Commission chief Jean-Claude Juncker,” added the spokesman.

German Foreign Minister Heiko Maas earlier Wednesday said the Brexit deal sealed by May and the EU is the “best and only solution” for an orderly withdrawal, German foreign minister Heiko Maas said Wednesday, stressing the bloc won't leave Ireland isolated.

“Our position is clear: the withdrawal agreement is the best and only solution for an orderly exit,” he told the Funke media group, after British MPs voted for May to renegotiate the deal.

Maas said it remained unclear what the British government wants amended. “It must now quickly say what it wants because time is short,” said Maas.

He stressed however that Germany and the EU stood firmly behind Ireland on the issue. “We won't allow Ireland to be isolated on this question,” he said.

Brexit hardliners from May's Conservative party think the backstop – created to keep the border open with Ireland – could see Britain indefinitely tied to EU trade rules.

The winning amendment calls for the backstop to be replaced with “alternative arrangements to avoid a hard border” – vague wording that did not pin May to any specific approach.

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OPINION: Pre-Brexit Brits in Europe should be given EU long-term residency

With all the talk about the EU long-term residency permit and the proposed improvements there is no mention that UK citizens who are Withdrawal Agreement “beneficiaries” are currently being left out in the cold.

The European Commission has stated that we can hold multiple statuses including the EU long-term permit (Under a little-known EU law, third-country nationals can in theory acquire EU-wide long-term resident status if they have lived ‘legally’ in an EU country for at least five years) but in reality it is just not happening.

This effectively leaves Brits locked into their host countries while other third country nationals can enjoy some mobility rights. As yet, in Italy, it is literally a question of the computer saying no if someone tries to apply.

The lack of access to the EU long-term permit to pre-Brexit Brits is an EU-wide issue and has been flagged up to the European Commission but progress is very slow.

READ ALSO: EU government settle on rules for how non-EU citizens could move around Europe

My guess is that few UK nationals who already have permanent residency status under the Withdrawal Agreement are even aware of the extra mobility rights they could have with the EU long-term residency permit – or do not even realise they are two different things.

Perhaps there won’t be very large numbers clamouring for it but it is nothing short of discrimination not to make it accessible to British people who’ve built their lives in the EU.

They may have lost their status as EU citizens but nothing has changed concerning the contributions they make, both economically and socially.

An example of how Withdrawal Agreement Brits in Italy are losing out

My son, who has lived almost his whole life here, wanted to study in the Netherlands to improve his employment prospects.

Dutch universities grant home fees rather than international fees to holders of an EU long-term permit. The difference in fees for a Master’s, for example, is an eye-watering €18,000. He went through the application process, collecting the requisite documents, making the payments and waited many months for an appointment at the “questura”, (local immigration office).

On the day, it took some persuading before they agreed he should be able to apply but then the whole thing was stymied because the national computer system would not accept a UK national. I am in no doubt, incidentally, that had he been successful he would have had to hand in his WA “carta di soggiorno”.

This was back in February 2022 and nothing has budged since then. In the meantime, it is a question of pay up or give up for any students in the same boat as my son. There is, in fact, a very high take up of the EU long-term permit in Italy so my son’s non-EU contemporaries do not face this barrier.

Long-term permit: The EU’s plan to make freedom of movement easier for non- EU nationals

Completing his studies was stalled by a year until finally his Italian citizenship came through after waiting over 5 years. I also meet working adults in Italy with the EU long-term permit who use it for work purposes, such as in Belgium and Germany, and for family reunification.

Withdrawal agreement card should double up as EU long-term residency permit

A statement that Withdrawal Agreement beneficiaries should be able to hold multiple statuses is not that easy to find. You have to scroll quite far down the page on the European Commission’s website to find a link to an explanatory document. It has been languishing there since March 2022 but so far not proved very useful.

It has been pointed out to the Commission that the document needs to be multilingual not just in English and “branded” as an official communication from the Commission so it can be used as a stand-alone. But having an official document you can wave at the immigration authorities is going to get you nowhere if Member State governments haven’t acknowledged that WA beneficiaries can hold multiple statuses and issue clear guidance and make sure systems are modified accordingly.

I can appreciate this is no mean feat in countries where they do not usually allow multiple statuses or, even if they do, issue more than one residency card. Of course, other statuses we should be able to hold are not confined to EU long-term residency, they should include the EU Blue Card, dual nationality, family member of an EU citizen…

Personally, I do think people should be up in arms about this. The UK and EU negotiated an agreement which not only removed our freedom of movement as EU citizens, it also failed to automatically give us equal mobility rights to other third country nationals. We are now neither one thing nor the other.

It would seem the only favour the Withdrawal Agreement did us was we didn’t have to go out and come back in again! Brits who follow us, fortunate enough to get a visa, may well pip us at the post being able to apply for EU long-term residency as clearly defined non-EU citizens.

I have been bringing this issue to the attention of the embassy in Rome, FCDO and the European Commission for three years now. I hope we will see some movement soon.

Finally, there should be no dragging of heels assuming we will all take citizenship of our host countries. Actually, we shouldn’t have to, my son was fortunate, even though it took a long time. Others may not meet the requirements or wish to give up their UK citizenship in countries which do not permit dual nationality.

Bureaucratic challenges may seem almost insurmountable but why not simply allow our Withdrawal Agreement permanent card to double up as the EU long-term residency permit.

Clarissa Killwick,

Since 2016, Clarissa has been a citizens’ rights campaigner and advocate with the pan-European group, Brexpats – Hear Our Voice.
She is co-founder and co-admin of the FB group in Italy, Beyond Brexit – UK citizens in Italy.

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