Call for clarity on EU workers

The UK Government must reassure workers they will not lose out after the EU referendum outcome, First Minister Nicola Sturgeon and STUC General Secretary Grahame Smith said yesterday. The STUC also supported the call to give all EU citizens currently resident in the UK reassurance they can continue to live, work and study here without restriction.

The appeal comes as Theresa May prepares to take over as Prime Minister later today.

On Monday the Westminster government said there has been no change to the rights and status of EU nationals in the UK, and UK nationals in the EU, as a result of the referendum.

In a joint statement, the Cabinet Office, the Home Office and the Foreign & Commonwealth Office said:

The decision about when to trigger Article 50 and start the formal process of leaving the EU will be for the new Prime Minister. The UK remains a member of the EU throughout this process, and until Article 50 negotiations have concluded.

When we do leave the EU, we fully expect that the legal status of EU nationals living in the UK, and that of UK nationals in EU member states, will be properly protected.

The government recognises and values the important contribution made by EU and other non-UK citizens who work, study and live in the UK.

I have lived in the UK for more than 5 years. What does the vote to leave the EU mean for me?

• EU nationals who have lived continuously and lawfully in the UK for at least 5 years automatically have a permanent right to reside. This means that they have a right to live in the UK permanently, in accordance with EU law. There is no requirement to register for documentation to confirm this status.
• EU nationals who have lived continuously and lawfully in the UK for at least 6 years are eligible to apply for British citizenship if they would like to do so. The eligibility requirements can be found here.

 What if I have lived in the UK for less than 5 years?

• EU nationals continue to have a right to reside in the UK in accordance with EU law. EU nationals do not need to register for any documentation in order to enjoy their free movement rights and responsibilities. For those that decide to apply for a registration certificate, there has been no change to government policy or processes. Applications will continue to be processed as usual.
• Non-EU family members of EU nationals must continue to apply for a family permit if they wish to enter the UK under EU law, and they do not have a residence card issued by a member state. There has been no change to government policy or processes, and applications will continue to be processed as usual.
• Extended family members of EU nationals must continue to apply for a registration certificate (if they are an EU national) or residence card (if they are a non-EU national) if they wish to reside in the UK. There has been no change to government policy or processes, and applications will continue to be processed as usual.
• Irish nationals enjoy separate rights, under various pieces of legislation, which allow Irish nationals residing in the UK to be treated in the same way as British nationals in most circumstances. There is no change to this position.
• Croatian nationals might continue to need to apply for a registration certificate to be allowed to work in the UK under the transitional arrangements that were put in place when Croatia joined the EU in 2013. The type of registration certificate that they might need will depend on whether they need permission to work in the UK, and what they will be doing. There has been no change to government policy or processes, and applications will continue to be processed as usual.

 Does the government plan to remove EU nationals from the UK?

There has been no change to the right of EU nationals to reside in the UK and therefore no change to the circumstances in which someone could be removed from the UK.

As was the case before the referendum, EU nationals can only be removed from the UK if they are considered to pose a genuine, present and sufficiently serious threat to the public, if they are not lawfully resident or are abusing their free movement rights.

However the First Minister is seeking reassurance from Theresa May that these exisiting EU workers rights will be protected.

Ms Sturgeon met the STUC General Council yesterday to discuss fair work and progressive workplace practices in light of the immediate and long-term implications for the Scottish economy of the referendum result, where she also reiterated her message that her government will pursue all options to protect Scotland’s position in Europe.

The First Minister said: “I welcome today’s discussions with the STUC General Council. I want to stress that this government will work with STUC and trade unions to share information, listen and understand priorities and concerns, and make clear, here and further afield, that Scotland remains a stable, attractive and fair place to do business.

“Scotland has a fundamentally strong economy and we will continue to work with employers and trade unions to boost productivity, innovative workplaces and inclusive growth. We will pursue every option to protect Scotland’s position in Europe and, by extension, the interests of EU citizens who live and work here.

“I call on the new Prime Minister, Theresa May to give an immediate guarantee that the existing rights of the 173,000 EU nationals in Scotland will be protected.

“In Scotland we have fostered a distinctive and a positive approach to fair work focusing on economic and social benefits for all.

“The European Union has been instrumental in strengthening and protecting workers’ rights and enshrining key employment rights relating to pay, safe working conditions and the right to unionise. I firmly believe that EU membership delivers many social, economic and cultural benefits for individuals, business and communities across Scotland.

“We will pursue every option to protect Scotland’s position in Europe, and all the many benefits which that brings in terms of workers’ rights and social protections. That includes our place in the single market and the free movement of people.”

Grahame Smith, General Secretary STUC said: “We share the view of the First Minister that the best place for Scotland is firmly within the European Union. We are further assured that the FM is exploring every available option to retain Scotland’s membership within the European Union and is moving to positively address some of the challenges that have arisen in respect of the attitude of the Westminster Government. We look forward to continuing to work closely with the Scottish Government to ensure that our shared commitments to inclusive sustainable economic growth continues.”