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OPINION: ‘All certainty has vanished’ for British citizens living in Europe

With the UK government proposing to effectively override parts of the carefully negotiated and ratified Brexit Withdrawal Agreement concern is mounting among Britons living in Europe that their futures aren't quite as guaranteed as they thought. British in Europe explain.

OPINION: 'All certainty has vanished' for British citizens living in Europe
AFP

The British government admitted in parliament this week that new legislation called the internal markets bill, breaks international law, because it overrides part of the Brexit Withdrawal Agreement between London and the EU's 27 member states.

The British in Europe campaign group, which fights for the rights of Britons living across the EU, says the “simple but devastating” move has once again removed all certainty for UK nationals.

 

British in Europe:

After Theresa May rejected, before the start of the Withdrawal Agreement negotiations, the option simply to confirm automatically the existing rights of over 5 million EU and UK citizens living in the UK and the EU, this group of 5 million people have been anxiously waiting to know whether they would be able to continue to live their lives with their families and their livelihoods in the countries where they reside.

Together we have spent four years in limbo, with the spectre of the UK leaving the EU without a deal on citizens’ rights lasting until the end of last year.

In January 2020 we finally hoped that the signature and the ratification of the Withdrawal Agreement meant that our worst fears would not be realised and that we would at least salvage enough of our rights to live our lives broadly as before and have relative certainty about what those rights would be.

We knew that implementation would be challenging in all 30 EU and EEA countries plus Switzerland but hoped that with good faith on both sides most of us would finally have some peace of mind about our futures by the end of 2021 at the latest.

It appears that this hope was naïve. With this simple but devastating statement in the House of Commons and the publication of the draft bill, all certainty has vanished.

'It's worrying for hundreds of thousands of UK nationals in the EU'

Since Sunday night we have been receiving anxious enquiries from our members about what a breach of the Northern Ireland Protocol could mean for the implementation of the citizens’ rights chapter of the Withdrawal Agreement and for their futures.

It is particularly worrying for the hundreds of thousands of UK nationals living in the EU member states which are following the UK’s lead and requiring them to reapply for their status and rights – especially where implementation has not started. France, home to the second largest population of UK nationals in the EU, falls into this category.

AFP

In the UK, the3million has been encouraging EU citizens to apply for status via the EU settlement scheme believing their right to live, work and access services in the UK to be secure. The UK government risks further eroding the trust that EU citizens have in the safety that settled status will provide them.

The statement in the House of Commons and the published bill send a clear message to the EU that if the UK does not intend to honour one critical part of the Withdrawal Agreement, it cannot be trusted to implement other parts of the Agreement, including on citizens’ rights.

'Levels of trust were already low'

The calls that followed from some Conservative MPs for the Agreement to be scrapped reinforced that message. The Member States will rightly now question whether the UK will honour its obligations towards over three million EU citizens living within its borders.

Levels of trust were already low but this unprecedented act of bad faith towards our nearest neighbours and partners throws 1.2 million UK nationals living in the EU under the bus yet again. The extent to which trust has been undermined by the UK government’s actions this week is clear in the very frank statement from Commission Vice-President Šefčovič on 10 September.

By putting forward this Bill, the UK has seriously damaged trust between the EU and the UK.

Dealing with the COVID-19 pandemic and the worst economic recession in fifty years was bad enough. Dealing with the consequences of the actions of a government that acts with no regard for the security of its nationals abroad, nor apparently for the rule of law, will be infinitely worse.

'Any statement by the Prime Minister would now count for very little.'

We now ask Prime Minister Johnson to do the decent thing and make an urgent statement in the House confirming that the UK will honour its obligations towards EU nationals in the UK and its own citizens living in the EU in the full spirit and to the letter of the Withdrawal Agreement. 

We appreciate that any statement by the Prime Minister would now count for very little. The statement by the Secretary of State for Northern Ireland and the publication of the draft internal market bill cannot be undone. However, as the EU pointed out in its statement yesterday, “it is now up to the UK government to re-establish… trust.”

Confirming that the UK will honour all its commitments under the citizens’ rights chapter of the Withdrawal Agreement would be a start to that process and should be done as a matter of urgency.

We also call on EU countries to stand by their obligations to us under the Withdrawal Agreement, and thereby reaffirm the importance of the rule of law and of honouring the promises that were made to us. Together, both of our organisations shall continue to press the UK government to show that the UK still stands for decency by keeping its word and honouring its obligations to citizens in full.

You can read the full British in Europe statement here.

Member comments

  1. I doubt the bill will pass, unless Johnson has found a mechanism to bypass the House of Lords and the Commons. Also, if it does get passed, I doubt it will have much of an impact on the British resident in Europe. There is a point of honour there – Europe will abide by most of its side of the agreement just to prove the point.

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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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