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A million Brits living on the continent would become ‘illegal’ under EU no-deal plans

UK citizens living in Europe taking part in an anti-Brexit demonstration in London (Getty)
UK citizens living in Europe taking part in an anti-Brexit demonstration in London (Getty)

UK citizens will lose their automatic legal rights to live on the continent under a no-deal Brexit, the European commission has confirmed.

It had been reported earlier this week that UK citizens could benefit from a six-to-nine-month transition period during which they would continue be treated like EU citizens even under a no-deal.

However, the “contingency action plan” published by the commission on Wednesday contains no such arrangement.

Instead it spells out how the 1.2 million UK citizens living on the continent will be treated like citizens of any other non-EU country immediately after a no-deal Brexit.

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“If the withdrawal agreement is not ratified, EU citizens residing in the United Kingdom would no longer be protected by the EU rules on free movement,” it says.

“UK nationals in the European Union would be subject, as of the withdrawal date, to the general rules that apply to third country nationals in the EU.

“This would have an impact on their right to stay and work where they currently live as well as on the social security protection they benefit from.”

The right of residence of UK citizens would be left in the hands of individual member states. Anyone wanting to reside in the EU for longer than 90 days would have to apply for a residence permit or a long-stay visa.

UK citizens will have to apply for a visa or residency permit to live in the EU under a no-deal Brexit (Getty)
UK citizens will have to apply for a visa or residency permit to live in the EU under a no-deal Brexit (Getty)

The British in Europe group said its members were “having palpitations at the prospect of becoming ‘illegal’ in 100 days.”

The group also said it is “appalled” that transition arrangements have been made for financial services and transport but not for people.

“This means that there will be no soft landing for over 1.2mn British nationals living on the continent who will have to adjust to life as third-country nationals overnight once all their EU rights have been stripped from them,” said British in Europe co-chair Jane Golding.

The commission said though it would invite member states to “take a generous approach to the rights of UK citizens in the EU, provided that this approach is reciprocated by the UK.”

“In particular, member states should take measures to ensure that UK citizens legally residing in the EU on the date of withdrawal will continue to be considered legal residents,” their statement added.

“Member states should adopt a pragmatic approach to granting temporary residence status.”

READ MORE: EU ramps up no-deal plans amid deep freeze in Brexit talks

As well as citizens’ rights, the commission has also published its contingency plans for transport, financial services, customs and climate policy.

Vice-president Valdis Dombrovskis said they help “turn an abrupt exit into a soft landing” in these areas.

He also failed to spell out how the commission’s plan was different to the so-called “managed no-deal” being advocated by pro-Brexit cabinet ministers in the UK.

But Dombrovskis warned: “It cannot replicate the benefits of the withdrawal agreement and certainly cannot replicate the benefits of EU membership.”


It comes as the UK government sets out its own immigration plans for the post-Brexit era today, designed to remove preferential access for citizens from the EU.

UK home secretary Sajid Javid said it would be the “biggest shake-up in 40 years” to the country’s immigration system, during a Wednesday morning radio interview with BBC Radio 4’s Today programme. He is under pressure to bring down immigration into the country.

The proposed rules are expected to outline that new immigrants must have a job offer and an annual salary above £30,000 ($38,000) before they can come into Britain on a five-year visa.