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BREXIT

What happens next in the fight to protect rights of Britons in Europe?

The battle to protect the futures of Britons against the impact of a no-deal Brexit achieved a "historic" victory this week when MPs forced PM Theresa May to seek a deal with Brussels to ring-fence their rights. So what happens now?

What happens next in the fight to protect rights of Britons in Europe?
Is it actually possible to change the negotiating mandate? Photo: AFP

Campaigners were celebrating victory on Wednesday night when the so-called Costa Amendment, named after Conservative MP Alberto Costa, was adopted by the British parliament with the government's support.

The amendment, which had the support of both Leave and Remain-supporting MPs cost Costa his job in the government but was warmly welcomed by campaign groups such as British in Europe.

The amendment forces British Prime Minister Theresa May to seek a deal with the EU, at the earliest possible opportunity, to ring-fence the citizens' rights part of the Withdrawal Agreement before Brexit Day – currently March 29th.

Ring-fencing citizens' rights is something campaigners have long called for given the possibility of Britain crashing out of the EU without a deal and the impact that would have on the futures of British immigrants throughout the EU, whose existing rights would be lost immediately unless countries decide to act.

But what does the result of the amendment mean in reality?

The Conservative government, despite supporting the bill, were doubtful that they could persuade the EU to ring-fence rights.

On Tuesday Theresa May suggested the EU “did not have the legal authority to do a separate deal on citizens' rights without a new mandate”.
 
However, the3million group, which campaigns for the rights of EU citizens in the UK, say their own legal experts suggest she is wrong.
 
Speaking on Wednesday, government minister David Lidington said the EU had previously made it clear that it would not allow just the citizens' rights part of the Withdrawal Agreement to stand on its own.
 
But he says the government will now take it up with Brussels and see if they can be persuaded to change position.
 
On Thursday the European Commission suggested they would not be prepared to negotiate ring-fencing, however campaigners believe that stance was inevitable and not overly significant.
 
So what happens now?

Kalba Meadows from British in Europe (BiE) and Remain in France Together (RIFT) explains: “The amendment requires Theresa May to formally approach the European Council – the EU27 leaders – to request that Part 2 of the Withdrawal Agreement (the part that covers citizens' rights) be implemented under Article 50 even if there is no deal on the entire agreement.”

“To be more precise: what the European Council will be asked to do is to change their negotiating mandate – that set out in the European Council Guidelines of 29 April 2017, setting out the mandate for the Commission which said that 'nothing is agreed until everything is agreed'.”

BiE's Meadows says it's essential that be done before the Article 50 expires on March 29th – the date the UK is currently set to leave the EU, unless Brussels and London agree to push it back, as is expected. 

“What we're after here isn't any old agreement, but an agreement under Article 50 which becomes a legally binding international treaty.

“It's this that would give our future rights proper protection so that they wouldn't be at the vagaries of future governments in any of the EU28 countries.”

Countries across the EU have been passing laws or at least pledging to, to offer protection to British citizens in the event that Britain leaves the EU without a Withdrawal Agreement. But those laws often depend on reciprocity from the UK and in the case of France left Brits worried about being able to meet new rules on minimum income levels.

But the big question is, is it actually possible or is Theresa May right when she says the EU does not have the legal authority to change their negotiating mandate.

“British in Europe has been working hard on this with our friends the3million for a long time, and the legal minds among us are in no doubt that this is all legally possible … given the political will,” said Meadows.

British in Europe and The3Million have vowed to keep a close watch on proceedings and to pressure EU countries to back the move.

“This is the beginning of the process, not the end, and ring fencing is far from being a foregone conclusion,” said Meadows but noted that the passing of the Costa amendment was nevertheless “historic” in the nearly three-year fight for citizens' rights.

“Rarely has any amendment or clause on anything gained as much cross-party support as this one did, right from the Greens to the DUP to Labour, moderate Tory and ERG to boot. Citizens' rights are back on the agenda,” she said.

For members

VISAS

‘Be ready to wait’: Your tips for getting a French visa post-Brexit

Now that Britain is out of the EU, just how much harder is the process of moving to France from the UK after Brexit? British readers share their experiences of applying for visas as 'third country nationals’.

'Be ready to wait': Your tips for getting a French visa post-Brexit

Whether you’re moving to France to live, or you’re a second-home owner wanting to spend more than 90 days out of every 180 in France, if you’re British you will now need a visa.

You can find more on how to apply for a visa, and how to understand what type of visa you need, in our visa section HERE.

But how these systems work in practice is not always the same as the theory.

To learn more about the process of getting a visa as a UK national, The Local asked British readers for their experiences of going through the system.

The consensus among respondents was that the whole thing was bureaucratic, though there were notable differences in experiences that ranged from the “easy” to the “complicated” and “time-consuming”, while the advice for future applicants was, routinely, have all your paperwork ready – and be prepared for a lengthy wait at one of the UK’s TLS centres

Appointments

Like most visas, French visas for UK nationals must be applied for before you leave home. You can find a full explanation of the process here, but the basic outline is that you apply for the visa online, and then have an in-person appointment in the UK in order to present your paperwork. 

Sue Clarke told us: “As long as you get all your paperwork together correctly and in the right order, the time it takes to receive your passport back with the visa in it once TLS has sent it off is only a few days.

“TLS – the centre which works on behalf of the French Embassy to collate your application – is so very busy,” she added. “That part of the process took hours even when you have an appointment.”

READ ALSO EXPLAINED: What type of French visa do you need?

“The visa process itself was fairly well run, and a decision for the initial visa was quick,” wrote Ian Sheppard, who successfully applied for a visa in July 2022. 

“Although getting the follow up residence permit was a pain, [and] took longer than expected, and there was little to no communication with severely limited ways to get in touch about the application.”

Sheppard thought that, biometrics apart, the process could have taken place online, and wondered whether the follow-up residence permit application could be more closely linked to the initial visa application, “rather than effectively submitting the same application twice”.

Georgina Ann Jolliffe described the process as “stressful”. 

“A lot of the initial stage was unclear and I needed a lot of reassurance about the visa trumping the Schengen 90 days. (The Local helped on that one),” she wrote. 

“[The] lack of ready communication was very stressful. It could be slicker, however staff at Manchester TLS were excellent.”

Jacqueline Maudslay, meanwhile, described the process as “complicated”, saying: “The waiting times for the appointment with the handling agent (TLS in the UK) are long and difficult to book online. We applied for a long-stay visa and were given a short-stay visa, with no reasoning and no option of talking to anyone.  

“We had met every criteria for the long-stay visa. There needs to be a contact link with the French Consular website directly for discussing visa applications.”

Handling agent TLS’s website – the first port of call for applicants from the UK – was a target for criticism.

“The TLS system is probably the most user unfriendly system I have ever used,” wrote Susan Kirby. “It throws up errors for no legitimate reason and even changes data you have keyed in. Dates are in American format so you have to be very careful and it can be very difficult to edit.”

Bea Addison, who applied for a visa in September 2021 with a view to retiring in France, agreed that it was complicated and believes the French system is chaotic and badly organised compared to other countries. “Even staff in the French Embassy in London were not knowledgeable of the process and documentation,” she wrote.

“The renewal in France was applied for in July 2022 … we have received an attestation that we will be granted renewal visas, which expired in October 2022, but we have not yet received a date to attend the préfecture due to a backlog.

Second-home owners

Many of our survey respondents were not moving to France, but were instead second-home owners who did not want to be constrained by the 90-day rule.

They have the option of remaining residents of the UK and applying for a short-stay French visitor visa – which must be renewed every year.

Second-home owner Peter Green told us: “Our appointment with TLS was delayed by two and a half hours and the whole experience was chaotic.

“We now have to go through exactly the same process again to get a visa for 2023. With second-home owners there should be a fast track that just involves proving financial viability, nothing else has changed. The system needs to be fully computerised.”

Second-home owner Alan Cranston told us his application met with no problems, but came with “unwanted cost and effort”. 

“Our six-month visa was for our first stint at our house in France in the spring, and that then overlapped our second visit in the autumn which was under Schengen. How that is handled seems to be a muddle (we did not leave the country for a day at the end of the six months, as some advise),” he said. 

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