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ELECTION

OPINION: ‘Nothing can stop Brexit now, we will all feel foreign on February 1st’

Boris Johnson's resounding victory means nothing will stop Brexit now, writes columnist John Lichfield. But it's still the biggest blunder the UK has ever made and will leave the hundreds of thousands of Brits across Europe feeling like foreigners on February 1st.

OPINION: 'Nothing can stop Brexit now, we will all feel foreign on February 1st'
Photo: AFP

In the name of greater democracy our future has been decided without us. Once again.

I speak of the 1.2 million (at least) British citizens living in the other countries of the European Union. We were almost completely forgotten, and denied a vote, in the Brexit referendum in 2016. 

We were entirely forgotten and many of us were denied a vote in the disgraceful and dispiriting general election campaign which has just ended. 

Nothing now can stop Brexit. We will become foreign on February 1st, or more completely foreign, in countries that many of us have come to regard as or home. 

There was an angry reaction in parts of the UK media last week – and glee in other parts – to one of Boris Johnson’s most crassly xenophobic remarks of the campaign. “For too long”, he told Sky News, people from other parts of the EU have been “able to treat the UK as though it’s basically part of their own country”.

Johnson ignored the huge contributions made by the 3,000,000 or so EU-27 nationals in the UK. He implied, deliberately and mendaciously, that most EU residents in Britain were milking the system.

He made no reference to the fact that  1.2 million UK citizens (at least) have equally come to regard their EU-27 host states as “basically part of their own country”. He ignored the contribution that they – we – have made to our host countries and often also to the UK. This is just as true for the Sun-reading Brexiteer retired on the Costa del Sol as the Europhile British Erasmus student in Denmark or Germany. 

READ MORE: Brits in Europe urged to look at bright side of 'devastating' election result

Johnson also ignored the fact that, under the UK withdrawal agreement that he filched with detailed changes from Theresa May, both the “3,000,000” and the “1.2million” will have a continuing right to live and work in our homes from home.

This will probably come as a surprise to those British people – not all but many – who voted Johnson to “get rid of” the Poles and Romanians and Estonians who are propping up the National Health Service. 

Given his Trump-like attention to detail, it is probable that Johnson has never bothered to read this important text, largely negotiated by Mrs May’s government in March last year. 

We (the 800,000 and more) are lucky in this at least.  Johnson and the hard Brexiteers had nothing to do with the “citizens’ rights” clauses of this text which will go “oven ready” through the House of Commons in the next couple of weeks.

The document, enforceable in both EU and UK law, has many gaps or limitations. It means, however, that we can continue to live in our adopted countries beyond 31 December next year – even if  Johnson’s government fails to reach a long-term trade deal with the EU and even if Britain “crashes out” with no deal on 1 January 2021.

This, for the 1.2 million, is one of the silver-linings in yesterday’s election result. It happened too late for the extremist Brexiteers to impose the most extremist possible Brexit. 

The pressure group British in Europe describes the withdrawal agreement as a “mixture of good news, bad news and unfinished business.”

The good news is, briefly, as follows:

  • If you are, or become, legally resident in any of the EU27 countries before the end of next year, you have an absolute right to stay.
  • If you’ve lived in the host country for less than 5 years, you must be employed, self-sufficient, a student or  family member. This is also the case within the EU now.
  • After five years, you will be entitled to permanent residence without these conditions.
  • You can then move away and come back.
  • Existing, reciprocal health care rights will still apply.

 

The bad news is:

  • Depending on decisions made country by country, you will probably have to take steps to prove that you hold the above rights.
  • Some countries, such as France, will insist that you have  a residency permit (Carte de séjour).  
  • You will not, at present, have a right to move residence from one EU country to another. This may be re-examined in negotiations on the final EU-UK relationship this year. 
  • Some professional qualifications will be automatically recognised. Others not.
  • Non-British, non-EU partners, who are not married or  not civil partners, are not automatically considered “family members”.    

On the whole, however, there is no legal reason why legal UK residents in the EU-27 should think they have to leave their homes. Life may be more complicated for the Brits in Spain, France or elsewhere (numbers unknown) who have always avoided contact with local officialdom. 

There may be another silver lining in the sheer scale of Johnson’s election victory.

It will free his hands to negotiate a sensible, final trade deal with the EU in the next few months. He no longer has to please the hardest of the hard Brexiteers. He can, if he wishes, break a campaign promise and extend the negotiations and the transition period for another year, or more, after the end of next year.

Since agreement on final trade deal will take many, many months, an extension of this kind is now likely. That is good news for UK businesses, big and small, based in the EU-27 which trade with Britain.

For the rest of us – thanks to Mrs May’s withdrawal agreement – it will make little practical difference whether the transition agreement is extended or not.

Any other silver linings?

None that I can think of. It is my belief that Britain is now committed to the most serious blunder that the country has ever made.

 

Member comments

  1. What a load of bollocks….. The UK voted to leave the EU as an organisation, not set sail from Europe and move to another part of the world.

    After many years it is about time people accepted the vote and got on with life. The UK wants to be friends with Europe as it is in everybody’s interest to do so. The overwhelming majority that Boris got will enable a proper deal to be arrived at.

    No Brit in Europe should feel a foreigner – if they do it shows the extent that they have not integrated.

    The only difference in the end will be that the UK controls its own borders and laws. Mainland Europe is different than the UK and political union was always going to be a problem. This way we can get a good trade deal and still remain politically separate.

  2. You’re an idiot or can’t read. What the writer is saying is that the British living here now will be classified as foreigners and certainly not members of the EU as is the case before January. Free movement between other EU countries has gone and has gone back to pre 74′ which I remember all too well. As has the movement of goods.

  3. Goods are yet to be decided – it’s called a trade agreement! Obviously leaving the EU will mean that UK citizens will be foreigners in EU countries, but if you currently live in an EU country then you will not be a foreigner if you have integrated!!

    And as for blunder, remember that the UK was a country for many years longer than the EU has existed – It seemed to do OK before!

  4. What a load of bollocks indeed ‘Tony’. What is a ‘proper deal’? What was wrong with the deal we already had?? We already had control of our borders (do your homework) and please tell me ONE EU law that you were really unhappy with? Yep – takes a while to find one dunnit.

    And how were we not ‘politically separate already? We never lost our sovereignty (do your homework) and any trade deal will inevitably be worse than what we already had. It can’t DE FACTO be any better.

    As for the UK doing ‘OK’ before joining the EU – you obviously weren’t there, or need some reminding old chap. The UK in the early 1970s was dull, prudish, hypocritical, boring and, depressing. The banks closed at three, the shops closed at five and the pubs closed at 10.30. On Sundays and on Wednesday afternoons everything was shut. Late night television finished at midnight, and that was only on Friday and Saturday. Food was bland, beer was warm, lager was trendy and wine was for the wealthy. British cars looked awful, were badly built and you usually had to wait months for delivery because the car makers were on strike; or the trains or the power stations etc.
    Still it was the good old days:eh? Women, children, foreigners, homosexuals and blacks still knew their place. There was no domestic violence, although a lot of women accidently walked into doors. There was no rape or child abuse or, if it did happen, it was the “slut’s” own fault “for leading men on”. Everybody trusted bankers, businessmen, doctors, journalists, policemen, politicians, priests, and Rolf Harris.
    Oh and if you were rich, white and a man the UK was great place to live in the early 1970s. Boris Johnson would have loved it in fact.

    So please do get a life Mr Tony. You have absolutely no idea what you are banging on about, like all the other leavers.It’s just a feelin’ innit. Yeah. Bloody foreigners. Blah blah blah.Zzzzzzzzz.

  5. “We already had control of our borders (do your homework)”
    To be fair not entirely. Yes the UK is not a part of Schengen zone but they have to let all the EU citizens in by law. It means that they cannot deny a right to live and work in their own country to citizens of another 27 countries. It’s a big number of people.

    No other “developed” county has that. It’s almost exclusive to the EU. Most other “developed” countries outside of the EU have such agreements with 3-4 countries tops.

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TRAVEL NEWS

Passports: What are the post-Brexit rules for dual-nationals travelling in Europe?

People who have more than one citizenship often hold multiple passports, so what does this mean for crossing borders? Here's what you should know.

Passports: What are the post-Brexit rules for dual-nationals travelling in Europe?

For many readers of The Local, gaining citizenship of the country where they live helps them to feel more settled – but there are also travel benefits, including avoiding the long ‘non EU’ queue when coming back into the Schengen zone.

But this week the problems associated with travelling while holding dual citizenship came to light, leaving many people wondering what they should know when they are entering different countries.

Put simply – which passport should you use? And do you have to carry both with you?

Financial Times journalist Chris Giles tweeted that the UK Border Force “detained” his dual-national daughter while she was travelling from France into the UK with her German passport – and not her British one. 

He went on to say that UK border guards released his daughter. According to Giles, the border staff said she should have had both passports with her “and asked why she was travelling on her German one”.

The rules on dual-nationality have not changed, but now that the UK is not in the EU, there are strict rules on non-Brits who enter the country (and vice-versa) which has made it trickier for travel.

For instance, UK nationals receive a stamp in their passport when entering Schengen member states because they are only allowed to stay up to 90 days within an 180 period (unless they have a visa or residency card).

READ ALSO: Brexit: EU asks border police not to stamp passports of British residents 

People coming from the EU to the UK can generally visit as a tourist for up to six months without a visa – but are not allowed to carry out any work while there.

So which passport should you show?

The first thing to be aware of is there are no specific rules on travelling with more than one passport. 

Travellers can choose to use whichever passport they prefer when going to a country. 

But one thing to note is that it’s worth using the passport that is best suited to your destination when travelling there. Each country has its own set of immigration and visa rules that you’ll need to research closely.

It could be that one passport is better suited for your trip – and you may be able to avoid visa requirements.  

READ ALSO: How powerful is the German passport?

In the case of the UK, many people are still getting to grips with the different rules that apply because it’s not in the EU anymore.

A question submitted to the Secretary of State for the Home Department in September 2021 provided some insight into this issue. 

The question from Labour’s Paul Blomfield asked what steps the UK government “is taking to enable dual UK and EU citizens to travel to the UK on an EU member state passport without having to further prove their UK citizenship?”

The Conservatives Kevin Foster said: “Border Force Officers examine all arriving passengers to establish whether they are British citizens, whether they require leave to enter or if they are exempt from immigration control.

“Where the passenger claims to be British, but does not hold any evidence of British citizenship, the officer will conduct all relevant checks to satisfy themselves the passenger is British.

Border control at Hamburg airport.

Border control at Hamburg airport. Photo: picture alliance/dpa | Christian Charisius

“When dual nationals who are eligible to use e-gates travel to the UK, they will enter via the e-gates without being examined by an immigration officer.

“We recommend all dual nationals, including EU citizens, travel on their British passport or with evidence or their British citizenship to minimise any potential delay at the border or when commencing their journey.”

The Local contacted the UK Home Office to ask if there was any official advice. 

A spokesman said: “An individual can present whichever passport they desire to enter the UK, however they will be subject to the entry requirements associated with the nationality of the passport they present.”

They said anyone who is looking for more information should check out guidance on entering the UK and on dual nationality.

In short, if you present a German passport on entry to the UK you will be treated the same as any other German citizen – which can include being quizzed about your reasons for visiting the UK – as border guards have no way of knowing that you are a dual-national. 

Do I have to carry both passports?

There’s no rule requiring you to have both passports, but you won’t get the benefits of a British passport (entry into the UK without questions) if you don’t show it.

Likewise if you are a French-British dual national and you enter France on your UK passport, you will need to use the non-EU queue and may have your passport stamped.

Should I think about anything else?

An important thing to remember is that if you apply for a visa and register your passport details, the same passport has to be used to enter the country. 

It could also make sense to travel with both passports, just in case. 

However, note that some countries – like the US – require that US nationals use a US passport to enter and leave the States even if they are dual nationals. 

In general, it’s best to use the same passport you entered a country with to depart.

The rules and systems are different depending on the country. But many countries require people to show their passport when leaving – and they will either stamp or scan the passport – this is how authorities know that a foreign visitor hasn’t overstayed their time in the country. 

So if your passport is checked as you leave the UK, you should show the one you arrived with, just to ensure there is a record of you arriving and leaving.

However as you enter France/Germany/other EU destination, you can show your EU passport in order to maximise the travel benefits of freedom of movement.

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