Up in the air Unan­swered ques­tions on mi­grant plan

The Daily Telegraph - - Brexit Negotiations -

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.

Re­cip­ro­cal deal

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.

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