SHARE
COPY LINK

BREXIT

Pensions and healthcare: UK offers assurances to Brits in EU over no-deal Brexit

The British government spelled out on Thursday what it would do to protect the rights of British citizens living in the EU in the event that the UK crashed out of the union without a deal, including those who were forced to return home.

Pensions and healthcare: UK offers assurances to Brits in EU over no-deal Brexit
Photo: AFP

The policy paper spells out some of the measures that would be taken to protect the citizens' rights of EU nationals living in Britain and those of Britons living throughout the EU if there was a no-deal Brexit.

However the government insists that the only way the rights of Britons can really be protected is if the deal is ratified.

“The Withdrawal Agreement is the only way the UK government can guarantee the rights of the one million UK nationals living in the EU,” says the document.

The British government has called on EU member states to uphold their commitments to protect the rights of Britons living in their countries, whom they want to be able to stay and enjoy the same rights and protections as when Britain was part of the EU.

But the government accepts that depends on London acting first.

“That is why the UK has taken steps to remove any ambiguity and provide complete reassurance for EU citizens in the UK. We ask that the EU and Member States do the same for our nationals,” reads the policy paper.

“We have always been clear that we highly value the contributions EU citizens make to the social, economic and cultural fabric of the UK and that we want them to stay in the UK.

“To remove any ambiguity, the UK Government guarantees that EU citizens resident in the UK by 29 March 2019 will be able to stay and we will take the necessary steps to protect their rights even in a unlikely ‘no deal’ scenario.”

This should be positive news for Britons living in the EU. For example the French government has stated it will protect the rights of Britons in France based on what is in the withdrawal agreement, but only if London acted and gave guarantees to French nationals in London.

Kalba Meadows from British in Europe and Reman in Farnce Together Campaign groups told The Local: “We very much hope that this confirmation that the UK intends to effectively honour the provisions of the Withdrawal Agreement if there's no deal will be enough for France to go ahead and do the same.”

Pensions and healthcare

The paper contains some pledges that will be important to Britons living throughout the EU, notably those who are retired.

“Where it is in our control, the UK will also continue to preserve certain rights of UK nationals in the EU, for example by continuing to pay an uprated UK state pension to eligible UK nationals living in the EU.”

And if British nationals found they could no longer continue their lives in the EU and were forced to return home then the government said it would “consider” rather than guarantee certain measures.

On the subject of health and voting the government said: “We understand that access to healthcare is vital and can confirm that UK nationals who returned to the UK permanently in a ‘no deal’ scenario would have access to NHS-funded healthcare on the same basis as UK nationals already living here. They would also be able to register to vote in local and national elections.

And on the issue of returning with family members who are not British nationals:

“We understand the right to bring EU and non-EU citizen family members is an important concern. The Government is considering the support that could be offered and will set out further details in due course,” reads the paper.

And if people have to return to the UK?

And when it comes to accessing vital benefits and housing, the government says it is considering how best to act to support returning UK nationals.

“We recognise that an issue raised by UK nationals is their ability to access to benefits and housing quickly on return to the UK. Arrangements will be made to ensure continuity of payments for those who return and are already in receipt of UK state pension or other UK benefits while living in the EU.

“We are considering how support could be offered to returning UK nationals where new claims are made and will set out further details in due course. UK nationals will continue to be able to access education in the UK,” the paper says. 

British in Europe's Kalba Meadows said: “A lot of people have asked us what would happen if they felt they had to return to the UK after Brexit. So it's reassuring to read that the UK would ensure immediate access to health care and benefits, as that's been a huge concern.”

Reciprocal agreements need to be made

But the British government accepts that in the case of no deal, much depends on reciprocal agreements so no matter what London offers to EU citizens, Brits in the EU still need their adopted countries to agree to put the same measures in place especially when it comes to healthcare and benefits.

“Aspects of the reciprocal healthcare and social security coordination section of the Withdrawal Agreement require reciprocity from the EU or individual Member States and cannot be protected unilaterally,” the document said.

“We are exploring options to protect past social security contributions, made in the EU and the UK, and reciprocal healthcare arrangements in the unlikely event of a 'no deal' scenario. We are in the early stages of discussions and will announce further details of such options prior to our exit to allow citizens to make appropriate arrangements.”

Meadows said: “This should reassure a lot of British pensioners living in France as well as those who've worked both in France and the UK and whose contributions would be aggregated.”

The UK wants is citizens to be able to carry on standing and voting in local elections in the countries where they live and so says it will guarantee that EU nationals will be able to vote in local elections in the UK.

One line in the policy paper that did anger campaigners was the government's claim that they have “engaged extensively with UK nationals in the EU over the last two years.”

British in Europe's Kalba Meadows said: “Although we have met with officials at Department for Exiting the EU, we at British in Europe have been trying continuously to meet with the Secretary of State for that department and have never had been invited to do so.

“We've also requested meetings with Theresa May on several occasions and our requests have simply not been acted on. We would very much like to have had the opportunity to present the concerns of the 1.2 million Brits in the EU to both of these directly – and indeed we still would.”

You can read the full policy paper by clicking here.

 

 

Member comments

  1. No deal is the default position, and the only one with Royal Assent. What is bad is that Theresa May has not made proper provision for it and wasted over 30 months chasing pie-in-the-sky ‘deals’ of her own design, to suit Brussels and against the wishes of the UK voters. If she fails to convince Parliament of her unrealistic wishes, the UK will leave the EU in March 2019 poorly prepared.

Log in here to leave a comment.
Become a Member to leave a comment.
For members

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.

SHOW COMMENTS