Yesterday David Cameron announced that the Referendum on Britain’s status within the EU will take place on the 23rd of June. This comes after a long couple of days in Brussels battling out the new terms of membership with the other EU leaders should Britain remain as one of the 28 European Union countries. This news is the firing pistol on what will no doubt be a dogged race between the ‘Yes’ and ‘No’ campaigns that will cross party lines, Conservative member Micheal Gove has already said he will be apposing the pro-EU prime minister on this, and marks a time of uncertainty for those both in the UK and abroad.
What are the new terms?
In order to try to persuade Ministers and Voters to stay in the EU, David Cameron has re-negotiated the terms of Britain’s membership. These alterations are mostly relating to the issue of immigration.
– There will be no more pressure for Britain to adopt the Euro as its currency as the leaders have agreed that the Eurozone should have more than one currency in operation.
– British taxpayers will never be made to bail out countries in the eurozone and British businesses that operate outside of the Eurozone can not be discriminated against.
– Britain will have more power when it comes to blocking criminals from entering the country and to deport them if they commit criminal acts.
– Anyone coming to the UK from the EU who does not find work within six months can be forced to leave.
– There will be an emergency brake that allows the UK to stop paying in-work benefits to migrants for seven years.
– Britain (along with other host nations) will be able to cut migrant workers’ child benefit payments for children living overseas to the rate paid in their home countries.
– The new rules will deny free-movement rights to nationals of a country outside the EU who marry an EU national, this aims to tackle the use of sham marriages to gain residence rights.
– Finally, the phrase “ever closer union” was struck out, meaning that in EU treaties it did not amount to a legal commitment to “political integration”.
What would a Brexit mean for those expats living in the EU?
TLDR; probably not a lot will change overnight. If a majority vote to leave, the UK could do so two years after notifying the European Council of its intention. Long-term, there will undoubtedly be changes.
In the worst case scenario British nationals living abroad would be required to apply for work permits, visas and all the other red-tape that non-EU members have to deal with. Anyone who has had to navigate France’s bureaucratic system may want to cry at that news but the image of everyone being packed off home or having to seek asylum is extremely unlikely.
Dominic Grieve, a former Attorney General, has claimed that an, “EU exit would make 2 million Britons abroad illegal immigrants overnight”, but in fact this isn’t true. The 1969 Vienna Convention on the Law of Treaties would protect individuals thanks to its clauses on ‘acquired rights’ which remain despite any alterations made in the future by their home nation.
A House of Commons Library statement expanded on this further: “Generally speaking, withdrawing from a treaty releases the parties from any future obligations to each other, but does not affect any rights or obligations acquired under it before withdrawal.” Basically, if you’re a British national currently living abroad you will probably keep the rights you have currently as you resided there before any legal changes were made. It goes without saying that if Britain does leave then it will be harder for those who then wish to travel, live and work within the EU post-Brexit.
The best case scenario if a Brexit does happen will be for the UK to retain its membership in the European Economic Area (EEA), an existing economic treaty between the EU, Norway, Iceland and Liechtenstein. For expats it would mean that most existing rules on free movement in Europe would continue to apply.
How to vote if you live abroad?
Firstly to vote you need to register, and if you haven’t already I would do this ASAP.
If you’re only temporarily living abroad but won’t be in the UK on the 23rd of June, and you’re registered to vote already, then you can vote by post or by proxy but you do need to arrange this beforehand so don’t leave it until the last minute.
If you’re living abroad on a more permanent basis you can register as an overseas voter.
Perhaps the most surprising thing about the Referendum is the fact that British citizens who have lived abroad for over 15 years won’t get a vote when they could be the demographic most affected should ‘Yes’ be the outcome. For example, currently expat pensioners healthcare expenses are covered by the NHS but should a Brexit occur this could cease. You may think that is fair enough but bear in mind that these people will have paid their taxes and therefore into the system when they were working in Britain before retiring abroad. David Cameron had promised to lift the 15 year limit but it will only come into effect after the vote, when it’s too late.
