Barnier puts British expats onward movement rights on back burner

The post-Brexit rights of UK expats already living in Europe to move to another EU country are being pushed back by the EU negotiating team.

Future movements by UK expats already in Europe are not to be the subject of any discussions for the foreseeable future, according to the EU chief negotiator Michel Barnier. Campaigners working to clarify this and other positions concerning UK citizens living in the EU are fully in favour of retaining expats’ rights to relocate to other EU countries post-Brexit. The British negotiating team is also in favour of onward movement rights, but Barnier is insisting discussions on the issue cannot be had at present.

Barnier’s insistence on his ‘restricted mandate’ and his determination to conduct the negotiations in his version of ‘order’ is blocking a number of discussions on the 4.5 million expats affected by the UK’s decision to leave the EU. Although he says he’s happy to discuss onward movement rights at a later time, his comments suggest the discussion may only take place during the second phase of talks once the initial exit deal is agreed. The present, apparently stalled, phase is, according to Barnier, restricted to acquired rights and lifestyle choices made on Brexit day itself, and disallows discussions about ‘post-Brexit future life choices’.

During the just-ended fourth round of talks, the UK had offered EU expats living in the UK on Brexit day the right to leave, live elsewhere and freely return at a later date should they so wish. In return, the UK requested the same rights for UK citizens living in Europe. Chairwoman of the Britons in Europe campaign group Jane Golding is disappointed at Barnier’s perception of free movement for UK expats as part of the UK/EU future relationship. She points out that livelihoods and the families of UK expatriates depend right now on these rights. Berlin-based lawyer Golding considers the free movement right is actually indistinguishable in EU law from ongoing rights to live elsewhere in the EU. The EU, she says, is only in favour of maintaining UK expatriate rights to stay in their present country of residence.