Brexit vote: Consequences for EU nationals in UK, and UK nationals elsewhere in the EU

EU nationals in the UK

There are no immediate legal consequences for the some 3 million EU nationals in the UK. EU law, including free movement for EU nationals, will continue to apply at least until the UK actually leaves the EU, which is at least two years from now. David Cameron has stated that he will not immediately invoke Article 50 of the Treaty on European Union – the trigger for starting the process of leaving the EU. If and when the new Prime Minister does invoke Article 50, then the UK will most likely leave the EU within a two year period. Only at that point will EU law, including free movement, cease to apply.

Before that point, some specific legal provision will need to be made for EU nationals under UK law. Much will depend on the negotiations between the UK and the EU, and it is perfectly possible that free movement will continue under whatever UK-EU relationship is agreed upon. The UK may end up staying in the European Economic Area (EEA), like Norway, in which case free movement would continue to apply as now, including to future arrivals as well as those already resident in the UK.

Short of that, there is a strong consensus among immigration lawyers that “some generous provision will be made [under UK law] for EU nationals currently resident in the UK”. And that provision would need to be set out in the ‘withdrawal agreement’ negotiated between the UK and the EU.

Given this uncertainty, EU national residents who are concerned about their long-term position, and/or that of their dependants, may wish to consider applying for residence documents, for permanent residence, and for naturalisation as British. An estimated 70% of the 3 million EU nationals currently living in the UK have been in the UK for more than five years, so qualify for permanent residence even if they have not obtained residence documents. However, the application processes are complex, and legal advice should be sought before taking any action (but this is a good basic guide: https://www.freemovement.org.uk/downloads/eu-free-movement-guide-to-making-an-application-in-the-uk/).

UK nationals elsewhere in the EU

Again, there are no immediate legal consequences for UK nationals currently living in other EU member states. EU law, including free movement within the EU for UK nationals, will continue to apply at least until the UK actually leaves the EU, which is at least two years from now.

Beyond that point, again, much will depend on what UK-EU relationship emerges from the two years of withdrawal negotiations. Free movement within the EU for UK nationals might well continue but, if not, the future position of UK nationals currently living elsewhere in the EU will depend upon the position taken by the 27 EU member states. But, again, that will be set out in the ‘withdrawal agreement’.

I am urgently seeking unequivocal legal clarity that EU nationals have the right to remain. 

UPDATE: Jean Lambert, Green Party MEP, has published this helpful factsheet on the legal rights of EU nationals currently living in the UK.