Latest HO Briefing.

[Salem]

Dear *****,
The latest round of negotiations between the UK and EU concluded yesterday in Brussels.
Progress was made on several fronts – including on the rights of EU citizens living in the UK and UK nationals in the EU.
On healthcare, for example, we agreed to protect the rights to reciprocal healthcare, including European Health Insurance Cards (EHICs), for EU citizens in the UK and UK nationals in the EU who are present on the day of exit.   
Both sides also agreed that the rights of cross border workers should be protected.
On economic rights, we have confirmed the right of EU citizens to set up and manage a business in the UK, and the same applies to British citizens in their Member State of residence.
These points of agreement are good news but the discussions also highlighted where more work is needed. 
This includes several areas where the UK wants to go further than the EU, such as posted workers (raised in the July round) and the mutual recognition of professional qualifications. The UK will also continue to seek clarification on how the EU’s stance on various issues would work in practice and be implemented within the EU27.
The next round of negotiations in September will build on progress to date with a view to reaching a future agreement on citizens’ rights. This table provides a comparison of the EU-UK positions on citizens’ rights and where outstanding issues remain. 
 
As Secretary of State for Exiting the EU David Davis said yesterday, the UK government remains absolutely committed during the negotiation process to delivering the best outcome for the people of the EU and the UK.
We also recognise that EU citizens in the UK and UK citizens living in the EU would like certainty about future arrangements as soon as possible.
Please visit Status of EU citizens in the UK: what you need to know for further details about the government’s proposal to protect the position of EU citizens in the UK – and UK nationals in the EU – published on 26 June. It contained these commitments:
EU citizens with settled status will continue be treated as if they were UK nationals for education, healthcare, benefits, pensions and social housing after we leave the EU.
No EU citizen currently in the UK lawfully will be asked to leave at the point we leave the EU. EU citizens will have at least two years to regularise their status.
The process to apply for settled status will be streamlined and user friendly, including for those who already hold a permanent residence document under current free movement rules. We expect the system to be up and running in 2018.
As the negotiations in Brussels progress, our advice to EU citizens remains the same: you do not need to apply for documentation confirming your status now.
The rights of EU citizens have not changed. Last week, around 100 EU citizens received letters in error stating they were liable for removal from the UK. For the avoidance of doubt, these letters were sent in error and will have caused understandable distress. The Department has apologised to the individuals affected and they are being reassured that they should disregard the letters. The Home Office statement is here.
We will continue to keep you up to date on the negotiations and wider citizens’ rights issues over the coming months.
Thank you,
Home Office Communications
 

[Richard W]

Is there a link for this?

[Richard W]

Is there a link for this?

I now see that the text is an email sent out to those of us who have selected notifications. There were two hyperlinks in the email:

To Joint technical note on the comparison of EU-UK positions on citizens' rights

and to Clarification: Home Office position on letters sent in error to EU nationals.

[Aragon1]

Is there a link for this?

I now see that the text is an email sent out to those of us who have selected notifications. There were two hyperlinks in the email:

To Joint technical note on the comparison of EU-UK positions on citizens' rights

and to Clarification: Home Office position on letters sent in error to EU nationals.

Thanks for the links. I was searching for this.

[Manchester171]

No EU citizen currently in the UK lawfully will be asked to leave at the point we leave the EU. EU citizens will have at least two years to regularise their status.
Thank you,
Home Office Communications

Read between the lines. Is there any EU citizen unlawfully residing in the UK? What will happen if the EU citizens wouldn't regularise their status?

[Richard W]

Read between the lines. Is there any EU citizen unlawfully residing in the UK? What will happen if the EU citizens wouldn't regularise their status?

Yes. There are non-working EU wives of British citizens. Some may have acquired PR in their own right and some may be covered by Surinder Singh, but many have no right of residence. An EEA lady who came to the UK to work but stopped working on marrying a British husband is in general not covered. I had thought that these cases would be swept up by the new settled status being gained after 5 years of residence, but it now looks as though it will have to be 5 years of lawful residence.

[Manchester171]

Read between the lines. Is there any EU citizen unlawfully residing in the UK? What will happen if the EU citizens wouldn't regularise their status?

Yes. There are non-working EU wives of British citizens. Some may have acquired PR in their own right and some may be covered by Surinder Singh, but many have no right of residence. An EEA lady who came to the UK to work but stopped working on marrying a British husband is in general not covered. I had thought that these cases would be swept up by the new settled status being gained after 5 years of residence, but it now looks as though it will have to be 5 years of lawful residence.

I think if they are self-sufficient, self-employed or students, they will be lawfully residents, assuming they entered the UK before the cut off date. As the comprehensive sickness insurance won't be required. It should make it easier for the EU citizen to be eligible for a settled status. But I agree with you that some EU citizens not lawfully residents. Such as homeless EU citizens, who are not entitled to settled status.