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Europe at a crossroads- questions about status of EU citizens in the UK after Brexit

Kamila Feddek

The paper treats about legal status of EU citizens according to the current EU provisions and the UK’s approaches towards those residents already fully settled in the UK in the view of future Brexit negotiations. The Treaty recognizes the legal status of EU residents according to the time spent in the hosting EU Member State and their activity in one prescribed category, such as worker, self-employed, student, self-sufficient, permanent resident or family member of one of those groups of persons exercising their free movement rights. Moreover, EU citizenship adds significant legal value on the top of those categories. This paper not only explains how can this regime be interpreted, but also it provides further legal grounds for the right to reside in the UK. Special attention is given to the recent UK legislation applied by the Home Office, which presumed an extra power to assess the residency rights of EU citizens in the UK. Finally, the article attempts to address the legal questions about the future status of EU citizens residing in the UK and it provides the way forward after Brexit.

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