July 2017 Brexit & EU Nationals

08/07/2017

The government has published proposals for the post-Brexit benefit rights of European Union (EU) nationals living in the UK.

The government has stated that its first priority is to reach agreement on the post-exit position of EU citizens now living in the UK and of UK nationals living in other EU countries. The government therefore proposes - in the expectation that these rights will be reciprocated by EU member states for UK nationals living in the EU that:

 

EU citizens with settled status will continue to have access to UK benefits on the same basis as a comparable UK national under domestic law

 

EU citizens arriving before a specified date (no earlier than 29 March 2017 and no later than the date of the UKs withdrawal from the EU) who do not have five years residence at the time of the UKs exit but who remain legally in the UK on a pathway to settled status will continue to be able to access the same benefits that they can access now (broadly, equal access for workers/the self-employed and limited access for those not working). If these individuals go on to acquire settled status, they will then be able to access benefits on the same terms as comparable UK residents

 

Existing rules on the rights of EU citizens and UK nationals to export UK benefits to the EU will be protected for those who are exporting such UK benefits on the specified date, including child benefit, subject to on-going entitlement to the benefit

 

The UK will continue to export and uprate the UK state pension within the EU and

 

The UK will continue to aggregate periods of relevant insurance, work or residence within the EU accrued before exit to help meet the entitlement conditions for UK contributory benefits and state pension, even where entitlement to these rights may be exercised after exit.

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