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VOTING

‘Mixed feelings’: British citizens in Europe finally get right to vote for life

British citizens living abroad will no longer lose their right to vote in UK elections if they have been abroad for over 15 years, after a long-term government pledge finally became law. Here's what we know about the new rules.

'Mixed feelings': British citizens in Europe finally get right to vote for life
Photo: Leon Neal/AFP

What’s happened?

The UK government’s Elections Bill finally passed through the House of Lords in the British parliament on Wednesday night. Part two of the bill was was hugely important for British citizens living abroad because it restored their right to vote in UK General Elections, no matter how long they have lived abroad for.

Previously the so-called ’15-year rule’ meant Brits who had been out of the country for more than 15 years lost the right to vote back home. This rule effectively barred tens of thousands of Britons abroad from voting in the 2016 EU referendum, despite the fact the result had a direct impact on their lives.

It is believed the bill now extends voting rights to some 3.5 million British nationals living around the world, over one million of those living in Europe.

The move marks a victory for those Britons who have long campaigned against the 15-year rule, none more so than 100-year-old Harry Schindler, a British citizen living in Italy who began the campaign many years ago.

What’s the reaction been like?

Whilst the reaction has been mainly positive to the change, there were reasons for Britons not to be satisfied. 

Jane Golding, former co-chair of British in Europe, and chair of British in Germany was, like many, unhappy with the another element of the bill that means voters will have to show mandatory photographic ID at the polling station, a move that critics say will make it harder for less well-off citizens and young people to vote.

“We are of course very pleased to have our votes back and pay particular tribute to the tenacious campaign that Harry Shindler has run for many years to make this happen,” Golding told The Local.

“Members of our British in Europe steering committee, including myself, have also campaigned for many years to make this a reality but it is difficult to celebrate a bill that undermines the independence of the Electoral Commission and will probably make it more difficult for lower income or disadvantaged UK resident citizens to vote. Moreover, the proof will be in the pudding: a right is only a reality when it is properly implemented.”

Sue Wilson, from Bremain in Spain also struck a similar note.

“Today’s long-awaited result brings with it mixed feelings. My 15 years outside of the UK will be up in August, so my stake in the outcome is very personal. I should feel like celebrating the overdue restoration of our democratic voting rights.

“However, it’s impossible to ignore the cost to others and to UK democracy in general. Where we are gaining back voting rights, others will be disenfranchised by the new requirement for photo ID. The bill has also removed the independence of the Electoral Commission and made it easier for foreign money to influence future elections. What should today feel like a win, sadly does not.”

What are ‘votes for life’?

The new rule will allow British citizens living in another country to continue participating in the democratic process in the UK by retaining their right to vote – no matter where they live or how long they have been outside of the UK.

The changes were part of the Elections Bill, and also make it easier for overseas electors to remain registered for longer through an absent voting arrangement.

This means electors will have to renew their registration details every three years instead of annually.

How can British people overseas use ‘votes for life’?

The new “votes for life” will apply to all British citizens living overseas who have been previously registered to vote or previously resident in the UK.

The absent voting arrangement means individuals will be able to reapply for a postal vote or refresh their proxy vote at the same time as renewing their voter registration.

However, overseas electors will only be entitled to register in respect of one UK address, with clear rules put in place surrounding this. 

British people wishing to register to vote under the new measures will also have to show a “demonstrable connection” to a UK address.

Furthermore, individuals will have to register in the constituency of the last address where they were registered to vote, or the last address where they were a resident.

The government states that someone can demonstrate their last address by checking past copies of the electoral register or local data such as tax records, or by documentary evidence or, “failing the above, an attestation from another registered elector”.

Why has the UK government made these changes?

Unfortunately this comes too late for many Brits abroad to get a say in the thing that has had the biggest impact on their lives – Brexit – but it’s better late than never.

In a previous press release, the UK government stated that decisions made by UK Parliament impacts British citizens who live overseas and so they should have a say in UK Parliamentary General Elections.

It specifically mentions decisions made surrounding foreign policy, defence, immigration, pensions and trade deals.

But issues such as NHS access, UK university fees, nationality and border measures are also of huge significance to Britons living abroad.

Lord True, Minister of State for the Cabinet Office, said previously: “In an increasingly global and connected world, most British citizens living overseas retain deep ties to the United Kingdom. 

“Many still have family here, have a history of hard work in the UK behind them, and some have even fought for our country.

“These measures support our vision for a truly Global Britain, opening up our democracy to British citizens living overseas who deserve to have their voices heard in our Parliament, no matter where they choose to live.”

More could  be done for Brits abroad

Many other countries already give their overseas nationals the right to vote for life and some, including France, have MPs dedicated to representing nationals who live overseas.

But an amendment put forward by the Lib Dem party to give Britons abroad MPs was rejected.

The Lib Dems also criticised the British government for failing to streamline the voting process to make it easier for Britons to vote from abroad. The government rejected a call to move to electronic voting for those overseas to replace postal voting.

Member comments

  1. “Unfortunately this comes too late for many Brits abroad to get a say in the thing that has had the biggest impact on their lives – Brexit – but it’s better late than never.”

    No it’s really not . Brexit is a total unnecessary toxic mess and as a European resident i would have liked to have had a say. I have no interest in voting in a country i don’t live in. I would prefer to vote in France where the election process has an impact on my life.

  2. Don’t hold your breath. I just spoke with the Electoral Registration Office in Edinburgh, Scotland. According to the agent there, the law will only come into effect in June 2023. Make a note in your diary for next year. 😉

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SECOND HOMES

French MPs reject bid to ease visa rules for British second-home owners

France's parliament has thrown out a proposal by Senators to relax visa rules for British second-home owners, which had been added as an amendment to the country's new Immigration Bill.

French MPs reject bid to ease visa rules for British second-home owners

France’s controversial Immigration Bill is currently at the committee stage in the Assemblée nationale and already MPs have thrown out several of the headline-grabbing amendments that their colleagues in the Senate added last month.

Among them is a bid to relax visa rules for Brits who own property in France.

The Senate had considered three amendments relating to second-home owners, including one that proposed creating a special visa for all second-home owners (not just Brits).

But in the end it adopted a vaguely-worded motion to exempt British second-home owners from the requirement to either have a visa or abide by the 90-day rule.

In essence, it would have restored pre-Brexit travel conditions to Brits who own property in France, although the amendment added that “The conditions for the application of this article shall be specified by decree in the Conseil d’Etat”.

However, MPs on the Commission des lois (law committee) of the Assemblée nationale have now junked the amendment, meaning that the current rules will remain in place for British second-home owners in France.

The application to cancel the amendment stated that: “The automatic granting of a long-stay visa based solely on property ownership could be perceived as favouring a category of people because of their financial situation, creating inequality in relation to other foreign nationals who have to follow a more rigorous procedure to obtain such a visa.”

A second amendment on the same topic added: “Nothing justifies this exemption, British citizens made a sovereign choice to leave the European Union and renounce the advantages that come with it. The simple fact of owning a second property is not sufficient grounds to justify exemption from visa requirements.”

It added that the Brexit Withdrawal Agreement already contains measures that allow British nationals to get visas or residency cards relevant to their status.

Since Brexit, British visitors have had to follow the same rules as other non-EU nationals like Americans and Canadians – either limiting their visits to 90 days in every 180 or getting a short-stay visa. 

In France, it is the Assemblée nationale that has the final say on laws, so this signifies the end of the road for this particular attempt to ease travel conditions for British second-home owners (although others may follow).

The Immigration bill is the flagship piece of legislation for this parliamentary term, and has already stoked plenty of controversy.

As it passed through the Senate, many senators took the opportunity to add attention-grabbing amendments such as the withdrawal of medical cover for undocumented workers.

The Assemblée’s law committee has already cancelled several of these and looks likely to cancel more as hearings continue.

The full debate on the bill before parliament is scheduled to begin on December 11th. 

Calendar: What happens next with France’s immigration bill?

Other potentially significant parts of the bill, such as the introduction of language tests for certain types of residency card, remain in place.

READ ALSO What would change for foreigners in France under the new Immigration bill?

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