UK can carry out criminal record checks, but EU citizens 'in dark' about right to stay in UK after Brexit

The criminal records issue was previously seen as a sticking point in negotiations after the UK's position met resistance from Brussels.

But in what the Government sees as a victory, the joint document released today makes clear that "systematic criminality and security checks can - in the specific context of acquiring status under the Withdrawal Agreement - be carried out on all applicants for status under the agreement and applicants can be asked to declare criminality".

EU citizens seeking to continue living in the UK after the country's departure from the union will be required to apply to authorities to have their status rubber-stamped.

Further details of how the checks will work are due to be outlined by the British Home Office next year.

A British Government technical paper published last month said: "As regards checks, the intention is to ask applicants to self-declare criminal convictions (either UK or overseas), as we do for all other applications made to the UK immigration authorities.

"We will check appropriate UK biographic criminal records databases.

"In specified cases, where we have good cause, we may seek to verify international declared convictions or identify any international criminality."

British Prime Minister Theresa May hailed the guarantees for the more than three million EU citizens living in the UK, saying they could carry on as normal, and David Davis, the Brexit Secretary, said they could be "confident" of their rights.

But campaign group the3million, which represents EU nationals in the UK, said the agreement between negotiators from the Government and the union was a "flawed compromise" and many people were uncertain over whether they would qualify for the new "special status" to be implemented post-Brexit.

They said there were concerns about the "special status" provision and the limited oversight of the European Court of Justice, whose authority UK courts can consult with over rights disputes for eight years after withdrawal.

Nicolas Hatton, chairman of the3million, said: "Our rights should not have an expiry date. More worryingly, there is still no clarity around the registration criteria for these rights.

"There are a huge number of people still in the dark about whether they will qualify or not. Hundreds and thousands of them might get a letter that they have to go."

The European Parliament's Brexit co-ordinator Guy Verhofstadt suggested the final divorce deal will only meet European parliamentary approval if certain conditions were met, including that UK residents retained freedom of movement.

He tweeted: "1) All rights & benefits covered 2) No more "settled status" 3) Direct effect in UK law 4) ECJ binding. But withdrawal agreement for EP only if 1) Also for future partners covered 2) One cost-free declaration per family 3) Free movement of UK residents in whole EU."

#Brexit #citizensrights 1)All rights & benefits covered 2) No more"settled status"3)Direct effect in UK law 4)ECJ binding. But withdrawal agreement for EP only if 1)Also for future partners covered 2)One cost-free declaration per family 3)Free movement of UKresidents in whole EU

— Guy Verhofstadt (@guyverhofstadt) December 8, 2017

A joint report published by the EU Commission today outlined that EU citizens in the UK will be allowed to continue to live, study and work under the same conditions as current EU law.

Negotiators also pledged that Britain's finalised divorce deal will protect the rights of those who are yet to be granted permanent residency in the UK so that they can still acquire it after withdrawal.

The deal will include reunification rights for relatives, including spouses, parents, grandparents, children and grandchildren, who do not live in the UK, to join them in the future and will extend to future spouses or partners of EU citizens even if they are not yet together as of the end of any transitional period after withdrawal.

The guarantees outlined in the document will also apply to UK citizens living in countries within the union.

Announcing the breakthrough, Mrs May said: "The deal we've struck will guarantee the rights of more than three million EU citizens living in the UK and of a million UK citizens living in the EU.

"EU citizens living in the UK will have their rights enshrined in UK law and enforced by British courts. They will be able to go on living their lives as before."

Mr Davis said: "Citizens can now be confident about the rights they enjoy. We should now move forward to discuss our future relationship with the EU on issues like trade and security."

The document said the deal had agreed "important substantial" rights.

It said: "The common understanding reflected in the joint report means that both Union citizens and United Kingdom nationals, as well as their respective family members, can continue to live, work or study as they currently do under the same conditions as under Union law, benefiting from the full application of the prohibition of any discrimination on grounds of nationality."

The report goes on to say that the administrative process for giving EU citizens residency rights under the new "special status" procedure should involve "only what is strictly necessary and proportionate", which comes after campaigners raised concerns over criminal background checks and deportations.

"The negotiators have agreed that the procedures will be transparent, smooth and streamlined," the report said.

Maike Bohn, spokeswoman for the3million, added: "We oppose the settled status and we want a simple registration system and non-deportation in case of error.

"They have clearly taken note of our objections to settled status and they have tweaked the name but what's underneath concerns us still."

Parliament will bring in new legislation to enshrine the citizens' rights in the final withdrawal agreement into UK law but notes it could be repealed in the future, while the negotiators also agreed that the ECJ will have a role in overseeing EU citizens' rights for eight years after the country leaves the union.

The UK must establish a mechanism enabling its courts and tribunals to ask the ECJ for "interpretation of those rights where they consider that a (ECJ) ruling on the question is necessary for the UK court or tribunal to be able to give judgment in a case before it", the document said.