Up in the air Unanswered questions on migrant plan
The cut-off date Mrs May did not clarify the date from when EU citizens will qualify for the offer to obtain settled status in the UK, instead she set a range – March 29 2017 to Brexit-day, March 29 2019.
ECJ v UK Supreme Courts Mrs May is explicit that any commitment to EU citizens “will be enshrined in UK law and... enforced through our courts.” The EU says the European Court of Justice should have “full jurisdiction”. Spouses and families At present EU nationals can bring non-eu spouses and family members here more easily than British nationals and the EU wants such rights to continue. It is far from clear if Britain agrees. Benefits and welfare The British offer is to treat EU citizens living here equally with UK citizens, but it is unknown if, for example, EU citizens will continue to be able to send child benefit back to children not living in the UK.
While saying reciprocity is “vital”, Mrs May is not prepared to make a unilateral offer to EU citizens, leaving open the question about what happens if the talks break down.