Can a British Citizen Exercise Treaty Rights in the UK?
In the context of the United Kingdom's membership in the European Union (EU), the concept of treaty rights refers to the rights granted to EU citizens and their family members to live, work, study, or establish a business in any EU member state.
As a British citizen, the question arises as to whether you can exercise treaty rights within the UK. The answer is both straightforward and somewhat complicated. Although the UK officially exited the EU on January 31, 2020, it entered into a transitional period until December 31, 2020. During this period, most EU law, including the rights and freedoms of EU citizens, remained intact.
However, since January 1, 2021, a new immigration system has been implemented in the UK. The UK government has introduced the points-based system, which applies equally to both EU and non-EU citizens, ending the preferential treatment previously granted to EU citizens.
Pre-Brexit Rights of British Citizens
Before the completion of Brexit, British citizens were automatically considered EU citizens, enabling them to exercise the full treaty rights available. They were free to live, work, and study in any EU member state without requiring additional permits or visas. Similarly, the same rights were granted to EU citizens residing in the UK.
Post-Brexit Scenario
Following Brexit, British citizens are no longer considered EU citizens. Therefore, they are no longer entitled to exercise treaty rights in the UK solely on the basis of their British citizenship. Instead, they are subject to the same immigration laws and requirements as non-EU citizens.
If a British citizen wishes to exercise their right to live, work, study, or establish a business in the UK, they need to comply with the new immigration rules. This may include obtaining a relevant visa, work permit, or student visa, depending on their specific circumstances.
Applying for Settlement
For British citizens who were already resident in an EU member state before the end of the transitional period (December 31, 2020), the rules may differ. Each EU member state has implemented different measures to protect the rights of UK nationals already living within their borders. These measures often involve applying for settled or pre-settled status within a specified timeframe.
Beyond the transitional period, British citizens who wish to live in an EU country or move there to work, study, or establish a business will need to follow the immigration rules of that particular country. They may be subject to visa requirements and additional documentation.
FAQs
Q: Can British citizens still travel freely within the EU?
A: As of January 1, 2021, British citizens no longer have the automatic right to travel, live, or work in EU member states. They are subject to individual country immigration regulations, which may include visa requirements and restrictions on duration of stay.
Q: Do British citizens need a visa to enter EU countries?
A: Whether or not a British citizen requires a visa to enter an EU country depends on the specific country's regulations. Some countries may allow visa-free travel for a certain period, while others may require a visa for any length of stay. It is advisable to check the requirements of the particular country before traveling.
Q: Can British citizens still access healthcare in EU countries?
A: The rules regarding healthcare access for British citizens in EU countries have also changed. The European Health Insurance Card (EHIC), previously providing access to necessary healthcare during temporary stays, is no longer valid. Instead, UK citizens may need to obtain appropriate travel insurance with healthcare coverage when visiting EU countries.
Q: How does Brexit affect British citizens living in the EU?
A: British citizens living in the EU before the end of the transitional period (December 31, 2020) must apply for settled or pre-settled status according to the regulations of the particular EU member state where they reside. The rights and benefits granted will vary depending on each country's approach.
Q: Will British citizens be able to return to the UK easily?
A: British citizens have the right to return and live in the UK, as it is their home country. However, if they wish to bring non-UK family members with them, they may need to fulfill specific visa requirements, depending on their relationship status and citizenship of the family member.
While the previously enjoyed rights under EU membership are no longer automatically granted to British citizens, various rules and regulations allow a British citizen to continue living, working, studying, or establishing a business in the UK or EU countries. It is essential to understand and comply with the latest immigration laws to exercise these rights effectively.
