Theresa May has pledged that EU citizens currently living in the UK lawfully will be allowed to stay, providing that British expats in the EU are given the same assurance.

The UK’s approach is outlined in a 24 page government paper, Safeguarding the rights of EU citizens living in the UK and UK citizens living in the EU.

The EU’s position was also set out earlier in June, in the four page Essential principles on citizens’ rights.

EU citizens in the UK

For EU citizens, the UK government proposes those who have lived in the UK for more than five years, a new ‘settled status’ would grant the right to stay and access healthcare, education, welfare and pensions in the same way a UK citizen could.

Those EU citizens who arrived and became resident for a shorter period at the time of the UK’s exit will be able to apply for temporary status in order to remain resident in the UK until they have accumulated five years, after which they will be eligible to apply for settled status.

EU citizens who arrive after the completion of Brexit will be allowed to remain in the UK for at least a temporary period yet to be determined and may become eligible to settle permanently, depending on their circumstances, but the government warns this group should have no expectation of guaranteed settled status.

For family members and dependents joining EU citizen in the UK before the UK’s exit will be able to apply for settled status after five years, including where the five years falls after the completion of Brexit. Those joining after the UK’s exit will be subject to the same rules as those joining British citizens.

The cut-off date is yet to be set, but will come between the day when the UK formally notified Brussels of its intention to leave the EU on 29 April 2017 and the day when it finally completes the Brexit process, expected to be 29 March 2019.

UK citizens in the EU

For its part, the European Commission is pledging to match the five year threshold for permanent residence in the EU for UK citizens. It promises the  ‘same level of protection as set out in Union law at the date of withdrawal of EU27 citizens in the UK and of UK nationals in EU27 including the right to acquire permanent residence after a continuous period of five years of legal residence’.

It adds UK citizens who have resided legally in the EU at the cut-off date ‘should be considered legally resident even if they do not hold a residence document evidencing that right,’ provided the same treatment is afforded to EU citizens in the UK.

It also outlined the ‘material scope’ of rights it will seek to protect for both EU and UK citizens in the respective territories.

That takes in Articles 18; 21; 45; 48 and; 49, relating to the equal treatments of students; free movement; workers; social security and; the self employed respectively.

Several other issues, such as regulation of non-discrimination, access to the labour market, to pursue an activity, working conditions access to education and healthcare are all covered in the commission’s opening position and would operate on a reciprocal basis.

The UK government paper Safeguarding the rights of EU citizens living in the UK and UK citizens living in the EU is here:  eu_nationals_uk_policy_26jun2017_cm9464_nss_sdr_print.pdf.

The European Commission paper Essential principles on citizens’ rights is here:  eu_paper_essential-principles-citizens-rights_en_0.pdf.