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BREXIT

Could this EU Green Card save freedom of movement for Britons in Europe?

Imagine a card that would let Brits in Europe keep freedom of movement and all the rights of EU citizenship after Brexit. It might sound like fantasy but one organisation is leading the way to make it happen. We spoke to the campaign's founder.

Could this EU Green Card save freedom of movement for Britons in Europe?
Alex Stubb, former PM of Finland (centre), Madeleina Kay, EU SuperGirl and Roger Casale (left) in the European Parliament in July 2018 for the launch of the prototype Green Card. Photo: New Europeans.

A campaign by New Europeans is lobbying the EU to intervene in Brexit and issue a card that would offer “privileged status” for UK nationals currently living in the EU, as well as for Europeans settled in the UK and essentially allow them to keep their treasured freedom of movement.

The campaign is being led by Roger Casale, a former Labour MP who now lives near Florence in Italy and who heads the New Europeans.

“The Green Card would ring-fence the rights that you had as an EU citizen,” Casale told The Local. “It would create equivalent status.”

With nearly 55,000 signatures and counting, a petition on change.org started by Casale is slowly gathering steam.

An EU-issued “Green Card” could be a vital addition for the 3.6 million or so EU nationals living in the UK, as well as the 1.2 million or more Brits in Europe. 

Under his plan the EU Commission would issue a resolution to offer the 'five million', UK nationals living in the EU and EU citizens living in the UK, the right to a special recognition for having acquired residency before Brexit.

This would effectively guarantee a sort of privileged status, far greater than the rights agreed under the current Withdrawal Agreement, for five million UK and EU citizens whose rights are set to be stripped back by Brexit. 

A Green Card would enable British citizens who have already exercised their treaty rights before the Brexit to retain free movement, a right that will be lost if Theresa May's Withdrawal Agreement is ratified.

It would help restore a sense of “status” and “privilege” that EU citizenship entailed, Casale said.

It would also help EU citizens in the UK prove that they have settled status swiftly and efficiently to obtain the services, employment and housing benefits that settled status affords.

As Casale notes, the Home Office has said it will not offer EU citizens any additional document to prove settled status – everything will be digital. This will make it difficult for EU citizens to prove they have the additional rights guaranteed by the settled status package at any given time. 

Casale's idea has already been applauded by the Financial Times and New Europeans is the 2019 recipient of the Schwarzkopf Award. Casale's organisation was also the recipient of the CiDAN/ESDA Europe award in late 2018,  “in recognition of New Europeans' leading role in the campaign to safeguard the rights of EU27 citizens in the UK and Britons in Europe following the Brexit referendum.”

Casale himself has also received a Medal of the President of the French Republic. But it is the response from key EU institutions that will matter most. 

“It's at a critical stage,” said Casale, a former Labour MP for the London constituency of Wimbledon.

“The Green Card works regardless of if there's a deal or no deal,” adds Casale, a British citizen, who has settled near Florence in Italy. “The rights afforded it by such a scheme would be for life.”

Casale is due to give evidence at the Constitutional Affairs Committee of the EU parliament (AFCO) in early 2019.

How does he hope a Green Card could come about and what kind of time frame can we expect?

If AFCO makes a proposal, the EU parliament would then vote on it. Should the European Parliament approve the idea, the EU Commission would then have to pass a resolution for the EU Council to vote on. The minimum timeline would be 12-18 months in a best case scenario, Casale admits. 

New Europeans hopes the platforms it has created for citizens rights in the EU, such as Friendship Group on Citizens' Rights, the 20-MEP strong cross-party group at European Parliament, will help raise the campaign's profile.

“It was always my view that there would be a problem to rely on the Withdrawal Agreement. The risk of not getting what you want was always too great” says Casale, explaining how New Europeans and citizens' grassroots campaign group British in Europe ultimately pursued different strategies and objectives in pursuit of similar goals. 

“Somebody needed to have a Plan B,” says Casale, whose organisation's focus is on lobbying the EU institutions to help resolve the impasse on citizenship rights, rather than lobbying Brexit negotiators directly, an approach preferred by British in Europe and the3million, which represents EU citizens in the UK.

“We didn't feel that it was right to go into the negotiations,” adds Casale. 

British in Europe and New Europeans continued to work together and in parallel, from one group attending the other's mass lobby on parliament in February 2017, to giving evidence to the same European Parliament committees. 

One of the appeals behind the Green Card campaign is that it is is cross-party and endorsed by voters on both sides of the Brexit divide, argues Casale. “A lot of Leave voters think EU citizens' rights should have been sorted two years ago,” he says. 

The EU has the experience to implement such a system – a Blue Card, a “work permit issued to highly-qualified non-EU citizens” is already in place.

“They already have the set up and the machinery. They only need to change the ink from blue to green,” quips Casale.  

The former MP with extensive networks among MEPs is confident there is broad support for the motion in the European Parliament. Whether that can translate into getting Brits in he EU free movement will depend on how the EU chooses to react.

That could depend on whether the UK continues to remain on course for a potential exit without a deal from the EU. Such a scenario would see UK nationals living in Europe at the mercy of legislation of individual Member States (France and Germany have already passed contingency laws), as there would be no Withdrawal Agreement or pan-European motion to protect them. 

A Green Card would be one option to fill that void. 

READ MORE: Quiz: How well do you know Brexit?

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READER INSIGHTS

How Brexit has changed life for Brits living in Denmark

Since Britain left the European Union, Brits living in Denmark have been deported, forced to change their jobs, and faced a long list of new bureaucratic hassles. Here are some of the problems our readers have highlighted.

How Brexit has changed life for Brits living in Denmark

EU figures out in January indicated that only about 40 Brits in Denmark had so far been ordered to leave the country as a result of Britain leaving the European Union, a fraction of the 1,050 ordered to leave Sweden. Some 350 Brits in Denmark missed the deadline for post-Brexit residency. 

But Brexit is still far from popular. A full 76 percent of the Britons in Denmark who responded to our survey said that Brexit had affected them either “quite” or “extremely” negatively (42.3 percent and 34.6 percent respectively).

Only one respondent said that their life had been very much improved. 

Here are some of the ways people said Brexit had made life less convenient and more expensive.  

Losing the right to stay in Denmark

William, an account manager based in Copenhagen, was deported from Denmark after failing to apply for post-Brexit residency in time and is even now trying to find out if the decision to deny him residency will be reversed and whether he might be entitled to compensation. 

The Danish Agency for International Recruitment and Integration (SIRI) failed to send letters to as many as 1,800 British people informing them of the deadline. 

“Siri failed to notify me of the requirement to update my status, I got deported and I experienced stress, anxiety and sickness due to the year-long application and appeals process,” he complained. 

Denmark’s immigration minister Kaare Dybvad Bek said last month that the roughly 350 British nationals who risk losing their right to live in Denmark after missing the deadline to apply for a post-Brexit residency permit would get a reprieve. Bek said on February 10th that his department would “present a solution soon”. 

READ ALSO: Britons told to leave Denmark over late residence applications could get reprieve

“Siri have not yet decided what they will do regarding making changes to finalised decisions that were affected by the rejection of appeal,” William said. 

For another British woman living in Copenhagen, Brexit means her UK-based husband can only visit her in Denmark for three months in every six month period, with his passport getting stamped every time. 

“It’s usually enough, but if we wanted to visit France for a month that would count too,” she said. 

Having to handle a work, residency, or study permit 

Brits not eligible for post-Brexit residency now need to apply for a work permit, family reunion, or study permit to get residency in Denmark, which several of those answering the survey complained was difficult, costly and involved long delays. 

“This is so annoying,” wrote one reader, who works in the pharmaceuticals industry. Registering for post-Brexit residency had been “a hassle”, agreed a music industry professional.

A 50-year-old woman from Scotland who married a Dane post-Brexit said her application for residency to come and live with him had been rejected on the first attempt, and that she had been so far unable to find a job. 

“For two years, I’ve been living an uncertain life worrying about the future,” she said. 

Susan, 41, said she found it frustrating not to be able to bring family members from the UK to live with her in Denmark. 

READ ALSO: How can you get a work permit in Denmark if you are not an EU national?

Extra hassle getting personal number or bank account

Hannah said that it had taken significantly longer for her to get a Danish personal number (CPR) than it had for her Swedish husband and children. 

“Getting CPR, bank accounts etc took a lot longer than rest of family, who are Swedish,” she complained, adding that she was as a result applying for Swedish citizenship. 

Unable to get a long-term lease on a car or a monthly mobile phone contract 

The pharmaceuticals industry professional blamed Brexit for his inability to get a car through private leasing, although one major car manufacturer told The Local that all that was required was to have a registered address in Denmark, a Danish social security number, and a good enough credit rating.  

“I tried several private long-term leasing companies, but they simply told me that they couldn’t lease a car even though I work for a big pharmaceutical company with a permanent position,” he said. “The main problem is my work permit is of type J. If you leave the EU with the car, they wouldn’t know where to find you. Even if they knew when I was, the cost of prosecuting someone in a non-European country is too high.”

He also complained that he had been unable to get a monthly contract from his mobile phone provider meaning he could not upgrade to the new iPhone.

Problems keeping business going 

David Darlington, 58, closed down his import and distribution company Food From Home after more than 18 years after Brexit, as it became too difficult to import British goods to Scandinavia. 

“One of the reasons I lost my business was because of Brexshit,” he wrote in the survey. 

Problems with post and customs charges 

Almost everyone who answered the survey complained of the way Brexit had made sending and receiving post and parcels more difficult. 

“I had to produce receipts for Easter eggs which my dad had sent to my children. The supermarket receipt wasn’t good enough and in the end I told them to return the parcel,” complained Matt, 47, a Brit with Danish citizenship.

“I’ve stopped ordering books and other items from Amazon UK because of uncertainties with tax regulations,” he added.

“My sisters have to watch the value of presents they send to my grandchildren to avoid paying import taxes,” said a woman living in Copenhagen. 

Problems exchanging driving licence 

Susan complained about the “difficulty of exchanging driving licence”, even though most UK nationals do not need to take a driving test to exchange their driving licence to a Danish one, provided their licence was issued before the UK left the EU. 

Only people who got their licence after Brexit and who want to keep a higher category than a normal car license, entitling them to tow a heavy trailer, take more than eight passengers, or drive a truck or lorry, need to take a so-called “control test”. 

Harder to buy a house 

“Buying a house involved an extra approval from the ministry and adds additional restrictions,” complained AJ, pointing to the requirement that non-EU citizens apply to the Department of Civil Affairs for permission to buy property in Denmark. 

“You have to prove you have strong ties to Denmark,” she said of the process. “We were lucky. We had a great lawyer who got us through it all and we received our approval from the Ministry in two weeks but some people wait up to 12 weeks and then lose their house.” 

This does not apply, however, if you have already been resident in Denmark for more than five years

Difficult to work part-time in the UK 

“I will have to give up my online teaching for a college in London because I’m not allowed to teach more than six weeks in another country,” complained the woman living in Copenhagen. 

Queues at airport passport control

It can be maddening for Brits to be faced with a much shorter queue for EU citizens at airports in Denmark, while the queue for non-EU citizens edges forward painfully slowly. 

Unable to live and work in other EU countries 

“We only have the right to reside here. Much as we love Denmark, it’s a bit like being trapped,” complained AJ, one of many people who listed no longer being able to get a job in or move to another EU country as one of the major drawbacks.  

Michael, a project manager in the wind industry, said that he faced problems as a result of the limits on how long her can work in other EU countries, with the 90/180 rules only enabling him to work 90 out of any one 180 day period in another EU country. 

“Restrictions on travel throughout EU (90/180 rule. Border crossings and risk of stamps in passport that kick 90/180 rule in,” he said. 

“The only way to regain my European rights fully is by becoming Danish and the rules on this seem to change quite frequently, so as a result life seems more precarious and uncertain,” said Liz, who lives in Zealand. 

One recent retiree who had lived in Denmark for 25 years said she was annoyed that Brexit had lost her “my right to live, work, study, retire in the rest of the EU”, but that she had recently applied for and received Danish citizenship. 

Uncertainty about retiring 

“I am concerned about the future,” said Sandra. “When I retire will I still have the same rights or will I be told to leave?”. 

Uncertainty about extending post-Brexit residency card 

Under the EU withdrawal agreement, British citizens living in EU countries at the time Britain left the European Union were offered post-Brexit residency status indefinitely, but the certificates they were issued were only valid for five years, leaving many uncertain as to what happens when they try to renew. 

“I expect to find it more difficult to obtain permanent residency on completion of the Article 51 Temp Residency I got in 2021,” wrote Ian. 

Feels different 

For many respondents, the biggest change was emotional. Brexit has changed how comfortable and secure they feel living in Denmark. 

“It feels different to be needing a resident’s card, rather than being more a ‘part of the European family’, with the feeling of being ‘on probation’ for remaining,” said Stephen. 

“It makes me feel far away from daughter and friends,” said Caroline, a retiree. 

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