This week, the EU Rights Clinic, ECAS and 80 signatories submitted a petition calling the European Parliament to immediate action, to address specific gaps and omissions still featuring in the draft Withdrawal Agreement, concerning the protection of some categories of citizens’ rights after the Brexit date.
Given the lack of progress in handling citizens rights’ protection, as requested in a letter to EU Council President Donald Tusk, the EU Rights Clinic has now submitted a Petition seeking further to address specific gaps and omissions in the draft Withdrawal Agreement. The Petition has requested a hearing as a matter of urgency and has asked for the Parliament to issue a short motion for a Parliamentary resolution calling on the Council and the Commission to remedy ensure the gaps and omissions in the draft Withdrawal Agreement.
Surinder Singh and Zambrano carers still excluded from the Draft Withdrawal Agreement
The draft Withdrawal Agreement still fails to address the rights of those family members of both UK and EU citizens who have returned to their home country after having resided in another EU Member State (Surinder Singh family members), during the transitional period.
Although the UK Home Office assured the EU Rights Clinic that Surinder Singh and Zambrano family members would be covered by the “settled status”, the Statement of Intent released on 21 June 2018 regrettably does not address their situation in a satisfactory manner.
Clarity needed for inactive EU citizens and their family members
It is also essential for the Withdrawal Agreement to reflect the commitments made by the UK government regarding residence rights. While the UK government has made commitments on the matter – such as waiving the requirement for holding comprehensive sickness insurance – these need to be the subject of formal binding provisions in the draft Withdrawal Agreement.
The absence of such commitments from the draft Withdrawal Agreement is a likely source of anxiety and distress for EU citizens in the UK due to the uncertainty surrounding their binding effect on the UK government. Their inclusion in the Withdrawal Agreement would go a significant way to allay the fears of EU citizens and their family members in connection with their right to remain in the UK after Brexit.
The Petition has been submitted on behalf of 80 signatories, including representatives of the3million and British in Europe, MEPs Seb Dance, Jean Lambert and Molly Scott Cato, Plaid Cymru leader Leanne Wood, legal experts, leading academics ,and representatives of civil society organisations.
The EU Rights Clinic is a partnership between ECAS and the University of Kent in Brussels. It helps EU citizens and their family members overcome problems they encounter when moving within the EU.