European Commission, Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom under Article 50 TEU - Citizens' Rights

Working paper "Essential Principles on Citizens' Rights", 24 May 2017 (pdf)

The Withdrawal Agreement should protect the rights of EU27 citizens, UK nationals and their family members who, at the date of entry into force of the Withdrawal Agreement, have enjoyed rights relating to free movement under Union law, as well as rights which are in the process of being obtained and the rights the enjoyment of which will intervene at a later date [for example pension rights]. I. General principles: The following general principles should apply in accordance with Union law, as interpreted by the Court of Justice of the European Union at the date of entry into force of the Withdrawal Agreement [including also interpretations given in cases pending on the date of withdrawal for which the Court's competence is maintained pursuant to the Withdrawal Agreement]: (1) Same level of protection as set out in Union law at the date of withdrawal of EU27 citizens in the UK and of UK nationals in EU27 including the right to acquire permanent residence after a continuous period of five years of legal residence; (2) Equal treatment in the UK of EU27 citizens as compared to UK nationals, and in EU27 of UK nationals as compared to EU27 citizens, in accordance with Union law; (3) Equal treatment amongst EU27 citizens by and in the UK in all matters covered by the Withdrawal Agreement, without prejudice to Common Travel Area arrangements between the UK and Ireland; (4) EU27 citizens or UK nationals who resided legally respectively in the UK or EU27 at the date of entry into force of the Withdrawal Agreement should be considered legally resident even if they do not hold a residence document evidencing that right. Documents to be issued in relation to these rights should have a declaratory nature and be issued either free of charge or for a charge not exceeding that imposed on nationals for the issuing of similar documents; (5) All citizens' rights set out in the Withdrawal Agreement should be granted as directly enforceable vested rights in both the UK and in EU27 as specified in Section IV.



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