
Countries / Territories
- π
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
EU nationals currently living in the UK have faced uncertain few weeks since the referendum. Although no major political party has proposed that their rights to remain should be removed, the government has shied away from providing any guarantees. A joint statement issued by the Home Office, Cabinet Office and Foreign & Commonwealth Office on Monday afternoon provided only limited reassurance, stating: "When we do leave the EU, we fully expect that the legal status of EU nationals living in the UK⦠will be properly protected."
On 12 July 2016, a Bill was introduced to the House of Commons proposing to grant existing EU citizens living in the UK the right to remain resident following the UKβs withdrawal. Could this Bill finally provide the certainty EU nationals have been hoping for?
What does the Bill propose?
The EU Citizens Resident in the United Kingdom (Right To Stay) Bill proposes that all EU citizens that were resident in the UK prior to the Brexit vote on 23 June 2016 be granted the right to reside in the UK, regardless of what is negotiated between the UK and the EU.
As a Private Memberβs Bill (one not introduced by a government minister), the Bill is normally not printed until close to the second reading debate, which is currently scheduled for 21 October 2016. This means that the specific proposals within the Bill are not currently available. For example, we do not know what type of residency is being proposed, whether that may be the permanent residence or some form of limited residence leading to the permanent residence.
Why was the Bill introduced?
The Bill was introduced by Tom Brake, a Member of Parliament, under the Ten Minute Rule. This allows an MP to make his or her case for a new bill in a speech lasting up to ten minutes. As Mr. Brake was successful, the Bill had its first reading on the same day.
Mr. Brakeβs comments on the Bill can be found here as part of Hansard, the UK Parliamentβs record of debates. Mr. Brakeβs reasoning for introducing the Bill is very clear β he believes that βEU citizens need certainty about their long-term future in the UK, and they need this assurance now before their futures are used as bargaining chips in our negotiations with the EU.β
This is a strong statement and is markedly different from the lack of assurances given by Theresa May in the weeks since the Brexit vote. It is, however, consistent with other prominent voices in the Conservative party, as well as in Labour and other parties who echo Mr. Brakeβs sentiments. In fact, the Green Partyβs Caroline Lucas is due to introduce a similar bill next week on 20 July. Whether she will go ahead with this in light of Tom Brakeβs proposal remains to be seen.
Despite the lack of specifics, the Bill is a positive step towards creating some certainty for EU nationals currently in the UK, and it may also pave the way for other EU member states to make reciprocal assurances towards UK citizens living within their borders. It may not be made law, but it does demonstrate a political and Parliamentary will to treat EU nationals properly.
What happens next?
The Bill is due to have its second reading on 21 October, so we would expect the full text of the Bill to be available around then. It will be debated in the Commons as part of its second reading before proceeding to the next stages. Fragomen will continue monitoring the passage of the Bill through Parliament and providing updates.
Countries / Territories
- π
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
Explore more at Fragomen
Media mentions
Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.
Blog post
Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.
Video
Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.
Media mentions
Partner Bo Cooper explains the impact of wageβweighted selection on Hβ1B registration and compliance.
Media mentions
Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.
Media mentions
Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.
Media mentions
Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last yearβs drop in work permit approvals.
Media mentions
Partner Rick Lamanna examines current pressures on Canadaβs immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.
Blog post
Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Media mentions
Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.
Media mentions
Partners Isha Atassi and Rahul Soni discuss US investment-based immigration options for Middle Eastern investors.
Blog post
Partner Ali Haider, Director Shoaib Khaleeli, Manager Ruaida Hussein and Senior Immigration Consultant Katerina Hornickova examine why degree equivalency has become mandatory in the United Arab Emirates and how the process affects employment, professional licensing and visa eligibility.
Video
Senior Associate Isabel Schnitzler explains key eligibility requirements for naturalization in Germany, including residence, language proficiency and financial self-sufficiency, as well as family eligibility considerations.
Media mentions
Partner Bo Cooper explains the impact of wageβweighted selection on Hβ1B registration and compliance.
Media mentions
Partner Aaron Blumberg explains how heightened government scrutiny affecting students from countries such as Venezuela is shaping travel guidance for those studying in the US.
Media mentions
Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.
Media mentions
Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last yearβs drop in work permit approvals.
Media mentions
Partner Rick Lamanna examines current pressures on Canadaβs immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.
Blog post
Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Media mentions
Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.



