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BREXIT

Brexit: Theresa May has a Christmas message for UK expats in Europe

The British Prime Minister, Theresa May, has written a letter to UK citizens living in the EU, ahead of the Christmas period, in which she gives an update on citizens’ rights in the negotiations with the EU, following the December European Council last week.

Brexit: Theresa May has a Christmas message for UK expats in Europe
Photo: AFP

This is her message:

From the very beginning of the UK’s negotiations to leave the European Union I have been consistently clear that protecting the rights of both EU citizens living in the UK and UK nationals living in the EU was my first priority. I know that the referendum result has caused considerable anxiety for many of you and your families.

That is why, at the beginning of the negotiating process, I made it clear that any deal guaranteeing the rights of EU citizens living in the UK would be dependent on such an offer being reciprocated for our UK nationals in the remaining Member States.

So I am delighted to announce that in concluding the first phase of the negotiations that is exactly what we have achieved.

From speaking to my counterparts across Europe, I know that they hugely value the UK nationals living in their communities. We have worked hard to address the very complex and technical issues that needed working through before a formal agreement could be reached. The details are set out in the Joint Report agreed by the UK Government and the European Commission, as published Friday 8 December.

This agreement guarantees that your rights as residents in the EU will be protected in the Withdrawal Agreement, so you can have certainty that you will be able to receive healthcare rights, pension and other benefits provisions as you do today. You can also benefit from existing rules for past and future social security contributions.

Furthermore, we have agreed that close family members will be able to join you in the Member State where you live, after the UK has left. This includes existing spouses and civil partners, unmarried partners, children, dependent parents and grandparents, as well as children born or adopted outside of the UK after 29th March 2019.

While I hope this agreement will bring you some reassurance, I know there are a few important issues that have yet to be concluded. We raised these concerns, including the ability of UK nationals living in the EU to retain certain rights if they move within the EU, but the EU was not ready to discuss them in this phase of the negotiations. We will continue to raise these issues with the EU in the New Year.

I will continue to push for the best possible deal for our nationals across the EU, but in the meantime, please do sign up for the latest updates on gov.uk.

The constructive way in which these talks have been conducted gives me confidence that we will achieve a final deal that reflects the strong partnership between the UK and our European partners, and is in the mutual interest of citizens living across the continent.

I wish you and your families a great Christmas and a very happy New Year.

But this spoof letter from Theresa May to Santa has appeared more popular.

 

 

For members

BREXIT

IN STATS: Why did Sweden reject Brits’ applications for post-Brexit residency?

A document obtained from the Migration Agency via a freedom of information request gives new insight into the UK citizens who have had applications for post-Brexit residency rejected.

IN STATS: Why did Sweden reject Brits' applications for post-Brexit residency?

The document, which was ordered by the Migration Agency’s Legal Affairs chief Carl Bexelius, is intended to counter accusations that the agency has been unreasonably strict in its interpretation of Swedish and EU law to post-Brexit residency applications.

It was obtained through a Freedom of Information request by David Milstead, who told The Local that the agency’s justifications for the disproportionately high number of UK citizens in Sweden denied residency “doesn’t survive even the slightest bit of scrutiny”.

The statistics, drawn from the agency’s databases on February 24th 2024, show just how many of those whose applications were rejected in fact met the applications deadline of December 31st 2021. 

Fully 1,607 of the 2,096 people whose applications for post-Brexit residency were rejected applied on time, with only 489 applying after the deadline had passed. 

Of the people who applied on time and were rejected, the main stated reason for rejection was that they were not judged to have fulfilled the requirements for a right of residency, or uppehållsrätt, under EU law. Some 623 were recorded as not meeting the requirements, although the real number may be significantly larger due to the large number of cases tagged “unknown” or “other” in the agency’s system.  

Several lawyers specialising in EU law have told The Local that in cases they have seen, the Migration Agency has tended to apply much tougher requirements for employment or savings for EU residency than they consider justified under EU rules.  

When applications from family members of British citizens who are not themselves British are included, the number of rejections is slightly higher, with a total of 2,286 applications for post-Brexit residency rejected, of which 537 applied after the deadline of December 31st 2021.

Of those who applied on time, 663 were rejected because they didn’t meet the requirements for EU uppehållsrätt.

The study does not assess in detail any of the applications which were rejected despite having been submitted on time, instead only focusing of the late applications, selecting 92 to analyse in detail. 

What were the justification for late applications?

Of the 92 cases analysed, the most common justification for applying late was ignorance, followed by poor health and being misinformed by the Migration Agency, Swedish Tax Agency or Swedish Social Insurance Agency. 

The “other reason” category includes people who said they missed deadline “by mistake”, those who said they didn’t know the rules, and those who said that they believed that they had residency. 

The document does not explain why these cases were not included in the “ignorance” category. 

What happened to those who were rejected? 

A total of 49 people, 44 of which were British citizens and five their family members, were issued with deportation orders when their applications for post-Brexit residency were refused. 

As part of the analysis, the agency looked at the current outcome in 88 cases and found that 28 had applied for residency and/or a work permit as a third-country national (and hadn’t yet received a decision), 16 had been granted such residency, and 12 already had such permanent residency before Brexit.

In five cases, the person had been granted a right of residency under EU law because they are married to a citizen of another EU country. 

In 19 cases, the person has not yet applied for residency on any other grounds. 

In an analysis of 90 cases, the agency found that 26 had appealed the rejection of their application for post-Brexit residency. Of those, 14 had already been heard by the Migration Court, with courts supporting the Migration Agency’s decision in 13 cases. 

In just one case, the Migration Court had referred the case onward for further examination of the relevant EU law. 

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