Context
We have reached an agreement on citizens’ rights which means that EU citizens living in the UK and UK nationals living in the EU before the end of the implementation period will be able to continue living their lives broadly as they do now. And as part of our agreement to have an implementation period, individuals will continue to be able to move, live and work on the same basis as now up until the end of December 2020. [To prepare for the future, a registration system will apply to EU citizens arriving during the implementation period and staying for more than three months in the UK.]
EU citizens are integral and valued members of communities here in the UK. ln the year to June 2017 there were 3.3 million EU citizens (excluding lrish nationals) living in the UK and we greatly value their contribution. UK nationals also play an equally important role in communities in the EU. Ln January 2017, almost 800,000 British citizens were living in the EU (excluding lreland) and in 2016, over 40,000 long-term UK emigrants went to live in EU countries.
But as we move to a new relationship with the EU after the implementation period, the Government will bring an end to free movement for EU citizens entering the UK. lt will be for the UK Government and Parliament to determine the domestic immigration rules that will apply to EU nationals in future. We are considering very carefully the options for our future immigration system to make sure it works for all parts of the UK, including Scotland, Wales, Northern lreland and all parts of England. Further details on proposals for our future immigration system for EU nationals will be set out in due course.
Nevertheless, the Government also believes that it would be desirable to underpin some aspects of continued mobility between the UK and the EU with reciprocal arrangements in a new framework, to support the close links between our people and our economies that will continue after we leave. The UK’s future immigration rules would incorporate any mobility provisions agreed with the EU, in the same way they currently do in respect of our international agreements with other trading partners. This framework would represent what we agree reciprocally, allowing the UK and the EU to set their own rules in all areas (be that in relation to immigration, social security, healthcare or related matters) where no commitments are taken.
Objectives
The EU Council guidelines set out their desire to agree ambitious provisions on the movement of natural persons, as well as related areas such as coordination of social security and recognition of professional qualifications, providing a common basis on which to start these discussions.
Our future mobility relationship should be seen in the context of the wider deep and special partnership we are seeking with the EU. Mobility falls under the economic partnership – as it does in every trading agreement – and therefore discussions on this matter will take place in tandem with wider discussions on trade and market access. Under World Trade Organisation (WTO) rules, trade agreements covering services are required to include provisions on the mobility of people (known as ‘Mode 4’ commitments).
We want our future UK-EU economic relationship to be as broad and deep as possible, and will therefore seek to agree reciprocal commitments in our Free Trade Agreement with the EU that build on the’best in class’ examples of Mode 4 provisions globally. These should also be wide in scope, recognising that mobility of people will underpin many areas of our future relationship. Mobility is a key element of economic, cultural and scientific cooperation – supporting professional service providers to reach clients, performing artists to develop a fan base, advanced manufacturers to deploy key personnel to the right place, and scientists to collaborate on world-leading projects.
There are also some commitments that we would like to agree with the EU, such as youth mobility, elements of social security coordination and border arrangements that go beyond those covering temporary mobility for businesses and service providers. We therefore propose agreeing such commitments in a separate but linked mobility framework. This mobility framework would build on existing precedents to facilitate EU-UK mobility in a way that delivers on the UK Government’s commitment to end free movement of people.
In this context, some of the areas that we intend to discuss with the EU on migration-related mobility matters are:
Suitable provisions in these areas should allow for the essential movements of people consistent with our deep and special future relationship with the EU, whilst reflecting our status as a third country. [The mobility framework will not preclude the UK, the EU or individual Member states from requiring that nationals from each other’s countries obtain permission to travel, enter or remain in the respective country, from taking appropriate measures to protect the public from serious crime and terrorism or from applying national family reunion rules.]
And we will also discuss wider mobility areas such as the future rules around social security coordination. where we would seek a reciprocal system for UK and EU nationals who are able to live, work or retire in the EU or the UK in the future. This could cover:
The principle of non-discrimination between existing Member States should apply to all provisions agreed as part of the mobility framework.
Our proposals as set out in this chapter are without prejudice to the Common Travel Area (CTA) arrangements between the UK and lreland, including the associated reciprocal rights of UK and lrish citizens in each other’s countries, and also the Crown Dependencies. We have already agreed with the EU that these arrangements can continue, as set out in the December Joint Report. We are firmly committed to maintaining the CTA and the associated rights privileges. and Irish citizens will continue to enjoy a special status in the UK provided for by domestic legislation distinct from the status of other EU nationals.