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Leaked file shows contrasts for Britons in EU after no-deal Brexit Leaked file shows contrasts for Britons in EU after no-deal Brexit
(about 13 hours later)
A leaked EU document lays bare for the first time the differences in how British nationals will be treated by the bloc’s member states after a no-deal Brexit, with two countries emphasising that requests to stay could be rejected on public order and security grounds.A leaked EU document lays bare for the first time the differences in how British nationals will be treated by the bloc’s member states after a no-deal Brexit, with two countries emphasising that requests to stay could be rejected on public order and security grounds.
The European commission paper presents a hotchpotch of attitudes among the EU27, Iceland, Norway, Lichtenstein and Switzerland, to the Britons living in their territory should the UK leave without a negotiated deal.The European commission paper presents a hotchpotch of attitudes among the EU27, Iceland, Norway, Lichtenstein and Switzerland, to the Britons living in their territory should the UK leave without a negotiated deal.
Brussels has recommended in the event of a no-deal Brexit, UK nationals should not be considered to be staying illegally straight away but that contingency measures should be temporary with national migration policies returning “back to normal as soon as possible”.Brussels has recommended in the event of a no-deal Brexit, UK nationals should not be considered to be staying illegally straight away but that contingency measures should be temporary with national migration policies returning “back to normal as soon as possible”.
But the EU document, containing a full register of the countries’ policy positions, notes that “each member state will be faced with different challenges … In response, to this situation member states may choose the most appropriate options and procedures, subject to the compliance with union law.But the EU document, containing a full register of the countries’ policy positions, notes that “each member state will be faced with different challenges … In response, to this situation member states may choose the most appropriate options and procedures, subject to the compliance with union law.
“Some member states (Austria, Denmark) remind that dangers to public order or security may be considered as grounds for refusal under national law,” the document says. Danish government sources said an application would only be rejected for a crime committed after Brexit, in line with the terms of the withdrawal agreement.“Some member states (Austria, Denmark) remind that dangers to public order or security may be considered as grounds for refusal under national law,” the document says. Danish government sources said an application would only be rejected for a crime committed after Brexit, in line with the terms of the withdrawal agreement.
Jean-Claude Juncker, the European commission president, has said the UK will crash out or face a long extension to its membership if the Commons fails to approve the withdrawal agreement by 12 April – next Friday.Jean-Claude Juncker, the European commission president, has said the UK will crash out or face a long extension to its membership if the Commons fails to approve the withdrawal agreement by 12 April – next Friday.
On Thursday, the commission’s vice president, Jyrki Katainen, a former prime minister of Finland, said: “Taking into account the limited number of days we have available, it’s logical that we’re ending up or rushing towards a hard Brexit. But hopefully I’m wrong.”On Thursday, the commission’s vice president, Jyrki Katainen, a former prime minister of Finland, said: “Taking into account the limited number of days we have available, it’s logical that we’re ending up or rushing towards a hard Brexit. But hopefully I’m wrong.”
May will arrive at the emergency European council summit on Wednesday evening without a new plan to present, following the breakup of cross-party talks with Labour. She will be asking the EU27 for a brief extension until 30 June, but without any evidence a departure deal could be made in the intervening weeks. The EU, including the UK, will vote for a new set of MEPs. The decision to hold European elections, which the prime minister had repeatedly said she was against, will come at some political cost for Theresa May.
While some reports suggested EU leaders could agree to a brief delay, or even cut the UK loose on Friday, the consensus prediction is that May will be offered a longer extension to Brexit, perhaps until the end of 2019, or even for a year. The extension carries a break clause. At the end of June, the EU27 want to be satisfied that the UK is meeting its obligations, including holding those European elections properly.
If EU leaders have not offered an extension, this is the date the UK is due, by international law, to leave the EU with no deal. However, the Cooper-Letwin bill in parliament has ruled this out in the UK, instructing the prime minister to endeavour to avoid a no-deal departure. The new date that the EU27 have agreed for the UK’s departure is Halloween. It is further away than May had hoped, and sooner than Donald Tusk had proposed, suggesting that Emmanuel Macron’s hardline tone won the day in the European council.
The EU will vote for a new set of MEPs. If Brexit has been delayed beyond 30 June, then the UK will hold European elections on Thursday 23 May. The Conservative party has told potential candidates to be ready to stand.
Donald Tusk has proposed a flexible extension, allowing the UK to leave the EU at some point before a cut-off date of 10 April 2020, as soon as the UK parliament can ratify an orderly departure. Other dates that have been suggested included December 2019 and March 2020. 
With Theresa May and Jeremy Corbyn engaged in cross-party talks over a possible way forward, the EU’s chief negotiator, Michel Barnier, said: “We welcome the cross-party dialogue in the UK. It’s time for decisions.”With Theresa May and Jeremy Corbyn engaged in cross-party talks over a possible way forward, the EU’s chief negotiator, Michel Barnier, said: “We welcome the cross-party dialogue in the UK. It’s time for decisions.”
According to the 34-page document obtained by the Guardian, the levels of preparedness and openness to UK nationals varies. The most generous countries – Denmark, Norway, Cyprus, Austria, Slovakia, Italy, Bulgaria, Malta, Croatia and Romania – will offer permanent national “regularisation” under which British citizens will automatically be considered to be legally staying.According to the 34-page document obtained by the Guardian, the levels of preparedness and openness to UK nationals varies. The most generous countries – Denmark, Norway, Cyprus, Austria, Slovakia, Italy, Bulgaria, Malta, Croatia and Romania – will offer permanent national “regularisation” under which British citizens will automatically be considered to be legally staying.
UK nationals already have an automatic right to reside in Ireland under the common travel agreement that covers the UK, Ireland, the Isle of Man, and the Channel Islands.UK nationals already have an automatic right to reside in Ireland under the common travel agreement that covers the UK, Ireland, the Isle of Man, and the Channel Islands.
Switzerland has concluded a bilateral agreement with the UK preserving the rights of citizens covering any scenario.Switzerland has concluded a bilateral agreement with the UK preserving the rights of citizens covering any scenario.
Seventeen member states – Sweden, the Netherlands, Poland, Germany, Latvia, Spain, the Czech Republic, Estonia, France, Greece, Portugal, Luxembourg, Lithuania, Finland, Belgium, Hungary, Slovenia – have passed temporary national regularisation legislation under which British nationals will enjoy a grace period during which they will need to regularise their status under the countries’ migration laws.Seventeen member states – Sweden, the Netherlands, Poland, Germany, Latvia, Spain, the Czech Republic, Estonia, France, Greece, Portugal, Luxembourg, Lithuania, Finland, Belgium, Hungary, Slovenia – have passed temporary national regularisation legislation under which British nationals will enjoy a grace period during which they will need to regularise their status under the countries’ migration laws.
The length of the grace periods vary, with Belgium planning its “transition period till the end of 2020”, while Germany is currently providing a three-month period of the status quo, likely to be increased by a further six months, during which “citizens would need to apply for a residence status under 3rd country nationals regime”.The length of the grace periods vary, with Belgium planning its “transition period till the end of 2020”, while Germany is currently providing a three-month period of the status quo, likely to be increased by a further six months, during which “citizens would need to apply for a residence status under 3rd country nationals regime”.
No-deal Brexit: UK to pay some health costs of retired Britons in EUNo-deal Brexit: UK to pay some health costs of retired Britons in EU
The British government’s attitude to the 3.3 million EU nationals living in the UK is said to be a key factor in how some member states will treat UK citizens.The British government’s attitude to the 3.3 million EU nationals living in the UK is said to be a key factor in how some member states will treat UK citizens.
“The Netherlands links its long-term solution (granting of a definite residence permit after a period of grace ending on 1 July 2020) to reciprocity,” the document says. “France, Poland and Belgium also insist on the importance of reciprocity as guiding principle.”“The Netherlands links its long-term solution (granting of a definite residence permit after a period of grace ending on 1 July 2020) to reciprocity,” the document says. “France, Poland and Belgium also insist on the importance of reciprocity as guiding principle.”
The commission reports that most countries believe they will be able to “tackle the administrative challenges with existing resources” but that Lithuania and Spain have increased funding while Denmark, Norway and Estonia are “still considering whether they need to do so”.The commission reports that most countries believe they will be able to “tackle the administrative challenges with existing resources” but that Lithuania and Spain have increased funding while Denmark, Norway and Estonia are “still considering whether they need to do so”.
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