Brexit 10 years on: campaigners say 'we'll go on until everyone has their cards'

Ten years after the UK’s Brexit vote, the coalition set up to represent Britons in the EU says important issues remain unresolved – and has pledged to continue its work until people have received their ‘permanent residency’ 10-year Withdrawal Agreement (WA) cards.

It comes as some of its constituent groups have either already closed (such as France Rights) or are now winding down (such as Brexpats: Hear Our Voice), as Brexit fades into history.

The last 10 years saw worry and uncertainty as a possible 'no-deal' Brexit loomed, then Britons had to grapple with understanding their rights as 'Withdrawal Agreement' (WA) beneficiaries.

The WA protects many, but not all of their former EU citizenship rights, with notable exceptions including the right to freely move to or work in other EU countries, and local and EU election votes. All beneficiaries in France must have a valid 'article 50' (Brexit) card to remain legally in France. 

Britons coming over are now treated like any other 'third country' (non-EU) foreigner, requiring complex visa and residency card procedures (and in many cases French and civic tests) which are not needed for EU citizens, although the post-Brexit deals maintained certain specific healthcare and pensions rights. 

BiE flags concerns to officials in Brussels

Members of the committee that pilots British in Europe (BiE), recently met in Brussels with British government and European commission officials at the EU-UK Specialised Committee on Citizens’ Rights, which oversees rights provisions of the WA.

They were also joined by members of the3million, that represents EU citizens living in the UK.

BiE chair Jane Golding, a lawyer living in Germany, recalled how organisations representing Britons abroad, some existing (such as British Community Committee of France) and others new, came together after the referendum on June 23, 2016 and had formed a coalition by early 2017.

BiE went on to feed into the Brexit negotiation process and has continued since then as a representative and campaigning group for Britons living on the continent.

“Overall I would say things have gone OK, but there have been some problems and over the years there are fewer issues, but they become more complex,” Ms Golding said.

“Initially people were most worried about securing their residency, but now we are seeing a whole range of different concerns.

"Residence rights remain important – especially with the upgrades to permanent residency which will continue into 2027 [for people who initially had five-year WA cards], but we are also seeing issues around, for example family reunification or equal treatment and social security.”

Brexit memories fade

As WA beneficiaries grow older, she said, concerns relating to pensions, social care and long-term healthcare are becoming more significant.

Some Britons are also finding officials do not always understand their rights, as institutional memories of Brexit fade.

“We’ve even seen cases of that around the permanent residence upgrade,” she said, citing examples of people being asked for unnecessary documents or confusion between WA permanent residence and permanent residence under national rules.

The importance of ongoing information for Britons and training for officials remains key, she said.

Difficulties obtaining appointments with officials also persist in some countries, though Ms Golding said BiE had welcomed efforts in France to standardise procedures and keep document requirements to a minimum.

“At the specialist committee, we mentioned France as an example of best practice because progress had been made.”

However, she said BiE had relayed comments from Connexion readers about some young people turning 18 encountering difficulties obtaining cards.

Immigration rules

Having the correct documents is increasingly important with the EU’s new Entry/Exit System (EES) and forthcoming ETIAS travel authorisation scheme. This includes obtaining a DCEM young person’s travel document for under-18s.

BiE continues to raise issues including the WA right to bring financially dependent elderly parents to live with family members in the EU, which can be difficult to exercise in practice.

There are also surprising effects of the WA, such as the fact a baby born to WA parents with permanent rights only has ‘temporary’ rights at first. This creates worry for families hoping to move away for a few years as permitted for those with permanent rights, Ms Golding said.

The group is also concerned about the right of young WA-protected Britons living in the EU to attend UK universities at ‘home’ fee rates, a protection due to expire for students entering in the 2027-28 academic year.

“More and more people contact us about that, as it costs €10,000 to go to university in the UK just on home fees, never mind international ones.”

Another concern is the stricter immigration rules faced by mixed-nationality UK/non-UK couples wishing to move to Britain.

Ms Golding said she is personally affected because she is married to a German citizen and has an elderly mother in the UK.

“I'd have to choose between living with my husband or living with my mother and looking after her. So at the moment, that is the compromise of just travelling regularly.”

A final issue is difficulties which can be faced by those with problems in having WA rights addressed by national courts – plus a lack, so far, of cases being referred up to the EU court for clarifications on complex points.

BiE currently operates without funding and relies on donations to cover costs.

“We'll carry on volunteering as long as we can but we're all quite tired,” Ms Golding said.

“But we certainly see that there's a need, definitely, until the permanent residence upgrade process is completed.”