Theresa May outlines plans on status of EU nationals living in UK post-Brexit

No EU national currently living lawfully in the UK will be made to leave on the day of Brexit under proposals outlined by Theresa May to her European Union counterparts.

The Prime Minister told a European Council summit in Brussels that she wanted to offer "certainty" to the estimated three million EU expats in the UK and ensure that families are not split up by Brexit.

But she made clear that the proposals would be adopted only if the same rights are granted to UK citizens living in the remaining 27 EU states in a reciprocal settlement.

And she set up a series of probable clashes with the European Union by suggesting she could set an early cut-off date for residency rights and rejecting a Brussels demand for the European Court of Justice (ECJ) to retain powers to enforce rights following Brexit.

What exactly has Theresa May proposed for EU nationals' rights?

  • EU nationals who have lived in the UK for five years by a specific cut-off date will be given the chance to take up "settled status"

  • This will grant them rights to stay in the country and receive healthcare, education, welfare and pensions as if they were British citizens

  • Those resident for a shorter period will have the opportunity to stay on until they have reached the five-year threshold

  • Those arriving after the cut-off date but before the date of Brexit will have a "grace period" - expected to be two years - within which to regularise their immigration status with a view to later seeking settled status

  • The cut-off date is yet to be set, but will come between the day when Britain formally notified Brussels of its intention to quit on 29 April 2017 and the day when it finally leaves, expected to be 29 March 2019

Mrs May also promised that the system will be streamlined, doing away with the 85-page permanent residency application form which has been the subject of loud complaints from EU expats.

It is thought that the UK is reserving the option of setting an early cut-off for residency rights in case there is a late surge of migrants arriving as Brexit approaches.

But the introduction of a "grace period" raises the possibility that large numbers arriving during withdrawal negotiations may be allowed to remain, at least for a few years.

And the outline deal leaves questions unanswered over whether individuals with settled status will be permitted to bring in children or spouses and whether the new status will be subject to conditions other than length of residency.

Further details are expected to be revealed in a paper to be published by the UK Government on Monday.

  • Video report: The EU nationals in UK left living in limbo

Speaking over dinner at the Brussels summit, Mrs May told leaders of the other 27 EU nations: "The UK's position represents a fair and serious offer and one aimed at giving as much certainty as possible to citizens who have settled in the UK, building careers and lives and contributing so much to our society."

She said the UK did not want anyone currently in Britain to be forced to leave.

But the proposals are likely to meet resistance in Brussels, which has already published its own formal proposals which would guarantee the rights enjoyed under EU law to any European expat resident in the UK on the date of Brexit.

European Council President Donald Tusk with Theresa May prior to a meeting at an EU summit. Credit: AP

It is understood that there was no discussion of Mrs May's proposal at the Brussels dinner, as leaders of the EU27 stuck to their position that all negotiations must be conducted through Mr Barnier, and not through individual national leaders.

A European Union chief later said members will decide in November where EU agencies now based in Britain will be relocated.

Mrs May left the meeting shortly after delivering her statement, in order to allow the EU27 to receive a briefing from Mr Barnier on progress in the first round of negotiations which took place on Monday.

Her announcement came at the end of a day which saw EU leaders agree to pursue closer defence co-operation and threaten legislation to force internet companies to remove extremist material from websites.