The UK government underlined today that EU citizens resident in the UK would not be shown the door after Brexit. It is not the first time this has been said, but in truth it is a very hollow statement for two main reasons.
Firstly, it says nothing about the rights of those EU citizens after Brexit which, in all honesty, would be less than they enjoy at present under the free-movement policy of the EU.
Secondly, it says nothing at all about the position of UK citizens at present living and working elsewhere in the EU, such as myself.
I have complained before in this blog about the exclusion of ex-pats from the franchise and of course they are being completely forgotten in the closing phase of the negotiations. Our position is actually far more complicated because we would not be subject to EU rules technically. We would become non-EU citizens overnight, and each individual EU member country would apply their own rules as to their status. Brussels has little or no jurisdiction over member-states’ policies on non-EU citizens.
Although the Dutch government has yet to legislate for UK passport holders living in the Netherlands (where I live), there is a simple move that would ease the minds of many who have lived here for at least 5 years: relax the rules on dual nationality for UK citizens. The law already contains exceptions, including allowing dual nationality with countries where you cannot give up your native passport. Extend that to UK citizens, at the very least to those who qualify for a Dutch passport by the date the UK leaves the EU.
Such a move would not solve every problem. I do not expect there to be an agreement on the continued consolidation of pension entitlement for Brits who have some years to claim from the UK. When I retire – still nearly 5 years from now – I will not get any state pension from the UK since I had only built up 7 years of entitlement before moving out of the country and the minimum contribution is now 10 years instead of the previous 5. The consolidation option, whereby the country you have the largest accumulation of qualifying years can be requested to add years worked in other EU countries (claiming it back from the countries involved centrally) would cease to apply after Brexit.
At least with dual nationality we would maintain free movement within the EU and the UK (post Brexit) and keep the door open to return permanently to the UK with a minimum of bureaucracy. So, Mr Rutte, what about it? In any event, it is high time the Dutch government clarified what the position of UK citizens resident in the Netherlands will be. The UK has dragged its feet during the negotiations on the deal, but the Dutch government is no better on this point. A year and a half after Article 50 was triggered by the UK, the Dutch government has done no better than utter soothing words which are meaningless unless backed up in law.