
Countries / Territories
- 🌐
Related contacts
Related contacts
Related contacts
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 UK’s 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 Member’s 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. Brake’s comments on the Bill can be found here as part of Hansard, the UK Parliament’s record of debates. Mr. Brake’s reasoning for introducing the Bill is very clear – he believes that “EU 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.”
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. Brake’s sentiments. In fact, the Green Party’s 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 Brake’s 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
- 🌐
Related contacts
Related contacts
Related contacts
Explore more at Fragomen
Blog post
Manager Dr. Adela Schmidt examines common misconceptions in German citizenship law, including birthright citizenship, dual citizenship, citizenship by descent and naturalization processing, and explains why eligibility often depends on specific legal requirements, timelines and documentation.
Awards
Partner Audrea Golding, Senior Associate Kyle Sommer and Senior Talent Development Director Wendy Milici have been named finalists in the 2026 TLC Lions Human Awards Americas, recognizing their contributions to human-centered leadership, workplace culture and inclusion.
Media mentions
Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.
Media mentions
Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.
Media mentions
In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.
Media mentions
Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.
Fragomen news
Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.
Blog post
Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.
Podcast
In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.
Podcast
UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.
Blog post
Manager Dr. Adela Schmidt examines common misconceptions in German citizenship law, including birthright citizenship, dual citizenship, citizenship by descent and naturalization processing, and explains why eligibility often depends on specific legal requirements, timelines and documentation.
Awards
Partner Audrea Golding, Senior Associate Kyle Sommer and Senior Talent Development Director Wendy Milici have been named finalists in the 2026 TLC Lions Human Awards Americas, recognizing their contributions to human-centered leadership, workplace culture and inclusion.
Media mentions
Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.
Media mentions
Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.
Media mentions
In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.
Media mentions
Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.
Fragomen news
Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.
Blog post
Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.
Podcast
In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.
Podcast
UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.



