The Impact of Brexit on UK Expatriates in the EU

The question of what rights UK expatriates (expats) will continue to have in Europe after Brexit is a pressing one for many. With the UK's planned departure from the European Union (EU), there is uncertainty about the future status of millions of Britons currently residing and working in EU countries. This article explores the current rights of UK expats, the challenges they may face, and the potential changes that could arise.

The Current Status of UK Expats in the EU

The rights of British expats living in Europe are currently enshrined in the Economic Operators Registration and Information System (EORI) and the Montevideo Convention. These agreements allow British expatriates to live and work in other EU countries without facing the same barriers that residents of other countries might encounter. The Montevideo Convention on the Rights and Duties of States ensures that the UK and other member states have an obligation to treat each other's citizens fairly and equally.

For instance, in France, UK expats enjoy the same rights as any other expat. They are governed by French law, just like any other foreign resident, and are required to fulfill the same duties and obligations.

Challenges and Uncertainties

The situation for UK expats in the EU is far from guaranteed. The implications for their rights and privileges are significant. Rights like the ability to vote and pay taxes locally, as enjoyed by French expats, are currently provided to British expats in many EU countries, but these are not unconditional privileges granted by the host country. Instead, they are derived from the intergovernmental agreements that underpin the EU. Therefore, if the UK leaves the EU, these rights may no longer be automatic.

As British expats, they are not legally entitled to vote in national or regional elections in the countries they reside in, with the exception of local elections. They are required to pay local taxes and comply with local laws just like any other citizen in the EU.

The Aftermath of Brexit

The departure of the UK from the EU could lead to changes in the rights and obligations of British expats. Some of the key changes that could occur include:

Requiring Regularization: If a British expat has resided in an EU country for a period longer than 90 days, they may be required to regularize their stay. Loss of Automatic Rights: UK expats currently enjoy automatic rights to live and work in the EU under EU law. If the UK leaves the EU, these automatic rights may be forfeited. No Guidelines: There is no obligation on EU countries to offer any specific rights or privileges to UK citizens. The situation is likely to be determined on a case-by-case basis and could vary significantly between countries.

Given the current lack of clarity, many British expats are now concerned about their future. As one British expat in France commented, 'Nobody has any rights anywhere. Just privileges granted by society for diligence, responsibility, and honesty.' This sentiment reflects the uncertainty and anxiety felt by many about their future in the EU.

Conclusion

The future for UK expatriates in the EU is uncertain, with the potential for significant changes following Brexit. While current intergovernmental agreements provide certain rights and privileges, these are not absolute. If the UK leaves the EU, it is likely that British expats will face new challenges and may lose some of the automatic rights they currently enjoy.

As the situation develops, it is crucial for UK expats to stay informed and seek advice from local authorities, embassies, and experienced legal experts. Planning for a potential loss of rights is essential to ensure a smooth transition and maintain their quality of life.