‘Neither breakthrough or break-up’ Šefčovič 

In a statement following the latest round of talks with British Foreign Secretary Truss, European Commission Vice President Maros Šefčovič said that there had neither been a breakthrough or a break-up. 

Today’s (21 February) discussion revolved around the lack of progress on citizens’ rights and the continuing debacle over the Northern Ireland Protocol. 

Šefčovič said there appears to be a common understanding emerging on customs and that with the right focus things could move forward, though he acknowledged that this would require more time. He welcomed the fact that after more than a year of delay the necessary access to databases is finally materializing. 

On citizens’ rights Šefčovič said that there remained two outstanding issues or “implementation deficiencies” that the EU has been discussing with the UK for some time. One concerns the lack of legal certainty on whether rights are guaranteed under the Withdrawal Agreement or UK immigration law. At the moment the rules are the same but as they diverge it will be important to know if people are covered by UK immigration law, or by the rules of the Withdrawal Agreement. 

The more immediate concern has been raised by the Independent Monitoring Authority - the body responsible for overseeing how the UK protects EU citizens' rights after Brexit - and concerns people losing their pre-settled status if they fail to apply for full-settled status before the end of the five year period. 

Under the EU Settlement Scheme, citizens who have lived here for less than five years and so have been granted Pre-Settled Status (PSS) must apply for Settled Status (SS) or re-apply for PSS before their current PSS expires. If they do not apply in time, they will automatically lose rights to work, access housing, education and claim benefits and could be liable to removal.

The IMA considers that the Citizens’ Rights Agreements only provide for a loss of rights in limited circumstances, and this is not one of them. The IMA considers that the Home Office’s policy is therefore in breach of the Agreements and it is currently challenging the Home Office through judicial review, the IMA enjoys the full support of the European Commission in this process and is considering its own actions should the UK fail to remedy the situation. 

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