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EUROPEAN UNION

British expats angry over EU referendum lockout

Details of the UK’s referendum bill were published on Thursday, but there was no mention of guaranteeing the vote to ALL British expats living in EU member states. An omission that has left many Brits in France angry and deeply concerned.

British expats angry over EU referendum lockout
Not ALL British expats will be able to vote in the EU referendum. Photo: AFP

Britons will soon be given the chance to vote “Yes” to stay in the EU, but many UK citizens living in EU member states look like being barred from the vote.

The government introduced its EU referendum bill to parliament on Thursday, a day after it was presented in the Queen’s speech.

The simple question on the ballot paper will be “Should the United Kingdom remain a member of the European Union?” Voters will then be asked to answer “Yes” or “No”.

A statement from Downing Street said the vote represented “an important choice about our country’s destiny.”

“It will pave the way for the British people to have their say for the first time in 40 years on our place in the EU,” Downing Street said. 

But the reality is, thousands of Britons who arguably have the most to lose if the “No” camp is triumphant, are unlikely to have their say in that choice.

Currently anyone who has been living abroad for 15 years or more is barred from voting in General Elections in Britain and the same rule will apply for the EU referendum, despite the result potentially having a direct impact on expats.

To twist the knife in even further the Conservative government has planned to scrap the 15-year rule at some point during Prime Minister David Cameron’s second term, but they seem unwilling to push this reform through in time for the referendum.

Instead it looks likely the referendum will be brought forward that may not leave enough for the voting rights bill to pass.

That stance has left many long term British expats in France both bemused and angry.

Christopher Chantrey, from the British Community Committee in France says he is at a loss to explain why the government cannot accommodate all expats.

“The outcome of the referendum will directly affect those British citizens living in any EU member state,” he told The Local.

“Members of the British community in France feel very strongly about this because of the potential impact on their lives, especially the early retirees, who would probably have to leave France if Britain left the EU.

“What I don’t understand is why the votes for life bill can’t be passed in time for the referendum. We haven’t been told why it seemingly can’t be done.”

READ ALSO: Give us a vote – we've got the most to lose if the UK quits

Give us a vote: we've got most to lose if UK quits

‘No way to run a business or a country’

Chantrey says the stance of the UK government is bizarre when citizens of many other countries, including France, are given the right to vote for life.

“In France we hear all about the French community voting in the elections back home but Brits abroad are not treated in the same way.

“What makes Brits different from French, Spanish and Portuguese etc? What is it about Britain that means we lose our right to vote? A right to vote is primarily linked to nationality.”

Chantrey said the UK government is wrong to neglect its expats.

“It’s a bit like a shopkeeper saying ‘I’m not interested in these customers once they have left the shop,’. That’s no way to run a business and it’s no way to run a country,” he said.

Helen Curran, who lives in Boullay-les-Troux said there is similar concern among European nationals living in the UK.

“I am concerned about the fact that I can't vote in the referendum. I also have friends who are European nationals living in the UK, and they too are angry that they have no voice,” she said.  

“When people complain about the “undemocratic” EU, do they consider the lack of voting rights for EU citizens around Europe?”

France based Brian Cave, author of the blog Pensioners Debout, who has been a long-time campaigner for the 15-year rule to be scrapped said: “I have been in France for more than 15 years and I want to vote in the referendum and all British residents in the EU should have it.

“We are in France as EU citizens not as foreigners, but if the UK leaves the EU then that’s how we will be seen and France can introduce any old law for how it treats foreigners,” he said.

With so much riding on the result of the referendum questions are being asked why exactly Prime Minister David Cameron is effectively denying so many the right to vote.

“The only reason I can think for why we haven’t been given the vote is that it’s a cunning ploy to keep all the Euroscpetics in the Tory party quiet,” said Cave.

While most Brits in France are united in the belief that they should be able to vote in the referendum, many are divided over whether the UK should actually remain in the EU.

In a debate on the Survive France Network, one commenter said: “I'll vote to leave as I believe that the EU has become an undemocratic leviathan serving only the egos of the richer nations and providing jobs for redundant politicians.”

Another responded: “I chuckle whenever I hear someone say how undemocratic the EU is. Yes, it has its faults, but the UK is governed by a party winning 37 percent of the votes looking after 20 percent of the population's interests, intending to scrap the human rights bill. God help us all if we do leave the EU.”

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BREXIT

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

The EU has drawn up plans to make it easier for non-EU citizens to gain longterm EU residency so they can move more easily around the bloc, but Italy-based citizens' rights campaigner Clarissa Killwick says Brits who moved to the EU before Brexit are already losing out.

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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