Friday, 1 February 2019

British citizens' rights comparison table

BiE Steering group member, Kalba Meadows, has produced a very useful table which compares our present status as EU citizens with the rights we will have, after the end of the transition period, under the Withdrawal Agreement and what will probably happen from 30 March this year in the case of a no deal (though this could vary from country to country). Under the Withdrawal Agreement, our rights will be the same as now, apart from political rights, until 31 December 2020.

KEY
 Covered in all EU states
⭕  Covered in some EU states
?   Still unknown or details unknown
❌  Not covered

  BiE SCENARIO COMPARISON TABLE 
  Right as a British citizen currently
  resident in the EU 
 Current
 right as
 UKinEU 
Withdrawal Agreement / ring-fenced rights 
  No
 deal
Reside, work and study in current country of residence 
        ✔ 
           
  ?
Residence rights acquired (if conditions met) and status doesn’t have to be applied for 
       ✔ 
           ⭕ 
  ❌ 
Automatic right to move, reside or work in EU country other than country of residence  
        ✔ 
           ❌ 
  ❌ 
Be joined by existing family members (spouse, partner in durable relationship, ascendants /descendants who are directly dependent on you) 
        ✔ 
          ✔ 
  ?
Be joined by future spouses 
        
           ❌ 
  ?
For those with permanent residence: move away from host country - return within 2 years and retain status 
       ✔ 
          
  ?
For those with permanent residence: move away from host country - return after 3-5 years and retain status 
      ❌ 
            ✔ 
  ?
Return to UK with EU or non-EU family under EU rĂ©gime 
       ✔ 
            ❌ 
  ❌ 
Continue working in more than one country as frontier worker 
       ✔ 
            ✔ 
  ?
Recognition of professional qualifications in host country 
       ✔ 
             
 (if specific recognition decision) 
  ?
Recognition of professional qualifications beyond host country 
       ✔ 
           ❌ 
  ❌ 
Provide cross border services as self-employed persons 
       
          ❌ 
  ❌ 
Study in UK on ‘home fees’ rather than international fees 
        
       ?  
  ?
Social security aggregation: previous periods of insurance in other EU countries taken into account to calculate pension benefits 
        
            
  ?
Export of benefits 
        
            ✔ 
  ?
Reciprocal health care for those eligible for S1 
       ✔ 
            ✔ 
  ?
UK driving licence remains valid in host country 
       
        ? 
  ❌ 
Participate in local elections in host country 
       
            ⭕ 
  ⭕ 
Stand in local elections in host country 
       ✔ 
           ⭕ 
  ⭕ 
Participate in European elections in host country 
        
           ❌ 
  ❌ 
Seek consular protection from other EU states in third country 
        
           ❌ 
  ❌ 
Oversight and governance: binding rights with direct effect 
                       ❌  
Same rights apply to British residents in all EU states                       ❌ 

Friday, 21 December 2018

Brexit means Brexit


By Roy Price


Here is how the head of Britain’s hauliers’ trade association sees the effect of a no-deal Brexit.

  • Each haulier entering Britain will be required to submit a 40-field declaration form per consignment before travel. The form takes 10 minutes to fill out.
  • The average trailer has 400 consignments per delivery.
  • 11,000 trucks a day use Dover.
If his figures are correct, this means:



By coincidence, as of 1 April 2018 the total strength of the full-time trained and untrained UK Regular Forces (army, navy + RAF) was around 146,560.

And the figure above only counts Dover. The DoT’s official (and excellent!) publications do not give the breakdown needed to compute a comparable figure for all the other UK ports but I should be surprised if Dover represents more than 50% of consignments. It could well be less.

The UK will also need a smaller but nonetheless sizeable army of Customs clerks needed to process all the new paperwork and spot-check the consignments. And average days are one thing, but what about peak days? Few lorry drivers have clerical skills. Many have little or no knowledge of English. And even competent clerks make mistakes every day.

How to recruit this army of clerks at a time when immigration is supposed to drop dramatically, with knock-on effects for the job market throughout the UK? Not to speak of all the new housing and infrastructure needed at the ports. It simply cannot be managed.

Of course all this can be computerised. It will have to be if Brexit occurs and be ready when the transition period ends. Such system will take years to develop, test and fully deploy. It will cost billions to the tax payers and tens of billions to industry. There is no way that it can be even started until the outlines of the future UK/EU trading relations have been agreed.

Who thinks a UK/EU trade agreement can be agreed in 2-3 years? The EU’s agreements with Canada and Switzerland took much longer although the stakes were much lower.

Everything will have to be thrashed out, product by product, service by service and agreed unanimously by all EU members and Britain. Every company in the EU with a strong British competitor will be putting pressure on the respective governments. An agricultural agreement will probably be impossible with serious consequences for British farmers (or huge subsidies to replace the ones they will lose).

Developing the software before all the details of an ultimate trade agreement are known will greatly add to the cost and the amount of debugging. New software never works perfectly from Day 1. The physical “cloud” infrastructure to support a system that doesn’t fail more often than, say, airline reservations, will cost further billions. And when the inevitable breakdowns do occur, a lot of produce will spoil or many half-assembled cars will stop assembly lines for hours.

Once such a system is implemented, every company in the EU exporting to Britain, and every British company exporting to the EU, will have use the new system for each consignment. Companies in the EU will have to charge their British customers more for the extra admin costs. And vice versa, which will mean loss of customers for many (probably most) British manufacturers. If standards start to diverge – very likely if the past is a guide to the future – there will be more costs. Everyone will be poorer but Britain will suffer much more than the rest of the EU.

How many Brexiteer politicians have the slightest understanding of these “practical” problems? They appear to expect business simply to get on with it.

One way to avoid this mess
Crashing out of the EU has the merit of simplicity. The systems for imports from non-EU countries exist already (although they are far from being fully computerised, in Britain or anywhere else). But the billions needed to implement a new UK/EU system would be almost trivial compared to the disruptions that would follow if third-country tariffs were applied to UK/EU trade.

EU/UK trade today is a far cry from what it was in 1974. It is more comparable to trade between the north and south of England or France or Germany Just think of what putting a border across the middle of any big country and you can see what Brexit really means in reality.

Taking back control
Mrs May’s deal would avoid almost all of these problems but it would also strip Brexit of any practical meaning… except that Britain would no longer have a voice in making the applicable rules. Parliament will not accept that and quite rightly so. Either Parliament votes to cancel Brexit (unlikely) or it acquiesces in a crash-out or it calls for a second referendum.

A second referendum becomes all the more probable if the implications of a crash-out become clearer in the weeks ahead. The 27 EU countries will gladly accept a postponement of Brexit to allow that, knowing that the result is almost certain to be different this time.

It's unseasonably warm in the Rabbit Hole
And it promises to get warmer by the day despite the approaching winter outdoors. What would happen if Mr Corbyn came out for a second referendum and urged Labour voters to opt for remain?

Mrs May says:
1.   “What we have agreed unashamedly puts our future economic success, and the livelihoods of working families up and down this country, first.”
2.   “It is important in delivering for the British people that we are out of the implementation period before the next general election.”

No 1 would be true if the transition period were to last indefinitely because, for almost all practical purposes, the UK stays in the EU although it no longer has any voice in Brussels. But No 2 is logically incompatible with No 1. The EU has said, effectively, that “Brexit means Brexit”. Does she not remember who said that first?

Mr Corbyn says:
1.   “Our votes in parliament will be to attempt to stop this deal…”
2.   … and to say to the government, ‘You’ve got to go back and negotiate something else’.
3.   There is time to do it. By the way, when the EU says there isn’t time, the EU has a long history of 11th hour negotiations. Even the Lisbon Treaty was renegotiated several times.”

No 1 is obvious. Everyone knows that most, probably almost all, Labour MPs will vote against the deal. No 2 follows logically because the Government will almost certainly pretend to try again before calling for a 2nd referendum or a general election.

However the EU will not budge to help the Tories. Or Labour for that matter. So No 3 is disingenuous and Mr Corbyn surely knows it.

The EU will gladly postpone the deadline for leaving. But that does not mean they will seriously change any of their positions. A Labour government, if one should emerge, must either accept the current deal, or hold another referendum which the Remainers are likely to win, or crash out which they know will have consequences for which they will not want to be held responsible.

Nothing suggests that Mrs May and Mr Corbyn are mating underground but both are hiding from reality or pretending to do so. As of today it seems that Mr Corbyn is the more clever animal. When the deal is voted down in Parliament, and if he cannot get the general election he wants, he will have to acquiesce in a 2nd referendum. Mrs May will have a hard time doing that.

And if there is a 2nd referendum, how will the two denizens of the rabbit hole urge their respective followers to vote? Either way both will be exposed as dissemblers.

Wednesday, 5 December 2018

Informal social on December 12th

We are organising an informal social, follow-up event to our Petit Victor Hugo dinner on December 12 (the day after the "meaningful" vote in Parliament !) at Saint George's Anglican Church Parish Hall  ( 7 Rue Auguste Vacquerie, 75016 Paris - tel: 01 47 20 22 51)    

This will be our last meeting of calendar year 2018 and we hope it will be the occasion for us allto :

  • get to know each other better
  • discuss the results of the Parliamentary vote that occurred the day before
  • talk about our views on where we go from here, if (as appears likely) Theresa May's UK Withdrawal Agreement is rejected
  • share some Christmas fare (mince pies and mulled wine) before we all go off for the end of year's celebrations

The meeting will begin at 7:00 pm. and last until 8:30 pm and I hope that as many of you, as possible will be able to join us there to celebrate Christmas with some familiar (anti-Brexit) faces, no matter what may be the result of the Parliamentary vote !

To cover our costs, we'll be asking you each to please make a contribution of €10 when you arrive (with as many mince pies as you can eat and as much mulled wine as you can drink !) 

We really look forward to seeing and chatting with you all.

Monday, 26 November 2018

Theresa May's letter to the nation

by Robin Baker

The Prime Minister wrote to the nation on 24thNovember setting out her views on the benefits of the agreement reached with the EU27 on Brexit and seeking to rally support for it.  She did not succeed in convincing me, although I have to concede that would have been a herculean task.  But worse, she did convince me that her arguments are false and based on a number of misstatements.  Here is the text of her letter, and my comments on it in red.

"When I became your prime minister, the United Kingdom had just voted to leave the European Union.  Correct, but by a majority of just 37% of the electorate and 27% of the UK population, by a margin of 2.7% of the electorate and with those most affected by the result denied the right to vote despite the promise of expatriate votes for life in the Conservative election manifesto.
"From my first day in the job, I knew I had a clear mission before me - a duty to fulfil on your behalf: to honour the result of the referendum and secure a brighter future for our country by negotiating a good Brexit deal with the EU.  Despite the fact that the voters were fed a series of lies; for example that we would save £350 million a week when the true figure was about half of that, and that the Prime Minster herself told the Conservative Party conference that “the referendum was not just a vote to withdraw from the EU.  It was about something broader - about a sense – deep, profound and let’s face it often justified – that many people have today that the world works well for a privileged few, but not for them.”
"Throughout the long and complex negotiations that have taken place over the last year and a half, I have never lost sight of that duty.
"Today, I am in Brussels with the firm intention of agreeing a Brexit deal with the leaders of the other 27 EU nations.
"It will be a deal that is in our national interest - one that works for our whole country and all of our people, whether you voted 'Leave' or 'Remain'.  The fact is that it cannot possibly work for those of us who voted remain, because it takes us out of the EU, and it doesn’t work for those who voted leave because the UK remains subject to EU rules indefinitely.
"It will honour the result of the referendum.
"We will take back control of our borders, by putting an end to the free movement of people once and for all.  It will not, see my blog of 6thNovember below.
"Instead of an immigration system based on where a person comes from, we will build one based on the skills and talents a person has to offer.
"We will take back control of our money, by putting an end to vast annual payments to the EU.  But the Government’s Office of Budget responsibility says that there will be no Brexit dividend for the Government because any savings will be offset by the loss of revenue caused by a lower GDP.
"Instead, we will be able to spend British taxpayers' money on our own priorities, like the extra £394 million per week that we are investing in our long-term plan for the NHS.  But she decided to spend that before she knew the terms of our leaving.
"And we will take back control of our laws, by ending the jurisdiction of the European Court of Justice in the UK. 
"In future, our laws will be made, interpreted and enforced by our own courts and legislatures. Not for an indefinite period and, after that, we will still be subject to the rulings of the WTO disputes procedure.
"We will be out of EU programmes that do not work in our interests: out of the Common Agricultural Policy that has failed our farmers, and out of the Common Fisheries Policy that has failed our coastal communities.  The Common Agricultural Policy does work in our interest because if makes us part of a self-sufficient food producing area which we will no longer be after Brexit.  When we leave the Common Fisheries Policy over-fishing will still have to be controlled, otherwise the industry will not be sustainable in the long term.  Were the EU and the UK to adopt different fishery conservation policies, since fish do not understand boundaries between different territorial waters, the one applying more stringent controls and therefore deserving greater sustainability with their fish stocks, would inevitable lose fish to the other one.  This would lead to political pressure to increase quotas which, in turn, would endanger the future of the fishing industry in both UK and EU waters.
"Instead, we will be able to design a system of agricultural support that works for us, and we will be an independent coastal state once again, with full control over our waters.
"The deal also protects the things we value.
"EU citizens who have built their lives in the United Kingdom will have their rights protected, as will UK citizens living elsewhere in the EU.  No, that is not true, many rights on both sides will be denied to us.  See the blog of 9thNovember below.
"A free trade area will allow goods to flow easily across our borders, protecting the many skilled jobs right across the country that rely on integrated supply-chains.  But does the PM really think that the UK will be allowed access to a free trade area with the EU for free.  I believe that we will be charged for that as EU member states are, and that is going to have a substantial affect on what we save by leaving the EU.  Also there is threat by the French to tie a free trade agreement to concessions by the UK on fishing rights.
"Because our European friends will always be our allies in the fight against terrorism and organised crime, the deal will ensure that security co-operation will continue, so we can keep our people safe.
"As prime minister of the United Kingdom, I have from day one been determined to deliver a Brexit deal that works for every part of our country - for England, Scotland, Wales and Northern Ireland, for our Overseas Territories like Gibraltar, and also for the Crown Dependencies. But the agreement reached by the Prime Minister with Spain excludes Gibraltar from the general negotiation between the EU and UK and "will allow Spain to negotiate directly with the UK over Gibraltar”.
"This deal will do that.
"Crucially, it will protect the integrity of our United Kingdom and ensure that there will be no hard border between Northern Ireland and Ireland - so people can live their lives as they do now.
"It is a deal for a brighter future, which enables us to seize the opportunities that lie ahead.
"Outside the EU, we will be able to sign new trade deals with other countries and open up new markets in the fastest-growing economies around the world.  Only when the EU has agreed to this, if they do not agree we are still tied to the agreement indefinitely.
"With Brexit settled, we will be able to focus our energies on the many other important issues facing us here at home: keeping our economy strong, and making sure every community shares in prosperity; securing our NHS for the future, giving every child a great start in life, and building the homes that families need; tackling the burning injustices that hold too many people back, and building a country for the future that truly works for everyone.  That would be fantastic, but we would always have been in that position had we never started this Brexit nonsense in the first place.

Sunday, 18 November 2018

In full: the draft withdrawal agreement and the UK government's explainer

The full text of the draft withdrawal agreement, all 585 pages of it, is available to read online. You can find it here.

In addition, the UK government has produced a rather lengthy ‘explainer’ document, outlining its interpretation of the agreement. You can find that here.

Update on November 20th 2018: The government has now produced a more condensed explainer, in the form of some ‘explanatory slides’, which are available here.

Thursday, 15 November 2018

Joint Statement from British in Europe and the3million regarding the Brexit withdrawal agreement and citizens' rights.

BRUSSELS/BERLIN/LUXEMBOURG/LONDON
 Citizens’ rights groups the3million and British in Europe have reacted with anger and disappointment after the Brexit negotiators failed to deliver their promise to agree a deal  that would allow people to  carry on living their lives in exactly the same manner as before Brexit.
 
Despite good progress at the early stage of the negotiations, the talks stalled when the focus switched to the Irish border, with crucial issues such as freedom of movement for British citizens in Europe and lifelong rights to return remaining unsolved in the agreement presented by Theresa May last night.
 
Key Concerns That Have not Been Met:
 
-               British in Europe – losing free movement, which our members rely on for work and family. 
-               3.6 million EU citizens living in the UK have to pay to apply to stay in their home, will undergo systematic criminality checks and can lose the new status if family or work obligations mean they have to leave the country for five years.
 
Chair of the3million Nicolas Hatton said:
“the3million feels betrayed by the Brexit negotiators. Despite early progress in the negotiations, over three million EU citizens in the UK, including 700,000 EU children, are now facing a lifelong limbo under the Withdrawal Agreement.
 
We are still bargaining chips, as the negotiators will soon discuss the future relationship, with our lives still in the balance. As a reminder, the Withdrawal Agreement does not protect our existing rights, and shamefully creates more insecurity by allowing the Home Office to pick and choose the EU citizens they want to keep.”
 
Jane Golding, Co-Chair of British in Europe said:  
“We were told in March that citizens’ rights were a done deal and that discussions on this would not be re-opened. However it is clear from the text that some changes have in fact been made, meaning that it is unacceptable and upsetting that free movement – a lifeline for many of us - has been excluded when both sides knew it was critical for us.
 
Brexit Secretaries come and Brexit Secretaries go.  But unlike  Dominic Raab our members don't have the luxury of walking away from this mess.  His resignation only adds to the uncertainty that millions of people have been experiencing for two years. It is now up to the European Parliament, not only to walk the talk on its red lines – free movement in our case – but to put pressure on all sides to ringfence the agreement on citizens’ rights so that 4.6mn people can sleep at night now whatever happens on Brexit."  

A fuller analysis will follow in due course.

For more information or to arrange an interview please contact:

Maike Bohn the3million
+44 7967 627808
maike.bohn@the3million.org.uk
 
Laura Shields
British in Europe +32 497 409 884  laura.shields@britishineurope.org
@mediawhizz @britishineurope

 
 
British in Europe is the largest coalition group of British citizens living and working in Europe.  It is comprised of ten core groups across the continent representing a membership of around 35.000 Brits working together to stand up for the rights of UK citizens in the EU and EU citizens in the UK.