CITIZENS’ RIGHTS

KEY planks of yesterday’s agreement concerned citizens’ rights and the role of the European Court of Justice:

MINOR ROLE FOR EUROPEAN JUDGES

Britain will put into law the rights of EU citizens who decide to stay in Britain – which means anyone who arrives before March next year. Any legal disputes which arise over their rights will first be referred to the UK Supreme Court. However, British judges will have the option to refer such cases to the European Court of Justice in Luxembourg if relevant case law doesn’t exist. This is expected to involve two or three cases a year at most, and crucially , with an eight-year sunset clause which begins from the start of any transitional deal.

A huge concession by the EU, which had demanded direct ECJ jurisdiction over all settled EU nationals and their children in perpetuity. Theresa May stuck to her red line of taking back control of Britain’s laws. Her only concession is a voluntary process. Brussels had demanded a 15-year sunset clause. VERDICT: WIN

CRIMINAL CHECKS FOR EU NATIONALS

Any EU nationals applying to stay in Britain after Brexit (who do not already have citizenship) will have to undergo ‘systematic criminality and security checks’. Those who fail the test will be refused the right to stay and forced to leave.

Mrs May was determined to secure this deal. In return, ministers will swallow the bill for processing applications. VERDICT: WIN

EU NATIONALS BRINGING IN FAMILY MEMBERS

EU nationals who get the right to stay will be able to bring in existing husbands or wives as well as members of their extended family – regardless of whether they are EU or non-EU nationals. New relationships formed after Brexit will face tougher checks, the same as nonEU nationals. Any children born after Brexit will also be protected by the agreement, but this is lim - ited to one generation.

It will be easier for EU nationals to bring in spouses than for Britons, who must earn £18,600 before tax to prove they can support a spouse without recourse to taxpayer funds. VERDICT: CONCESSION

CHILD BENEFIT FOR EU CITIZENS

EU nationals who stay in Britain can get settled status and continue to receive social security payments – such as child benefit – which they can send back to their home coun - tries. Britons living in EU member states will continue to be able to use European Health Insurance Cards to get free medical treatment in the country where they are resi - dent. It is unclear whether the EHIC system will continue for British residents travelling abroad.

Child benefit is a concession. The right to free healthcare is a straightforward reciprocal deal, but a new system will need to be negotiated for Britons travelling abroad. VERDICT: COMPROMISE

RIGHTS FOR BRITISH CITIZENS IN EU STATES AND FREE-MOVEMENT RIGHTS

UK nationals have not been given the right to move freely for work around the EU post-Brexit, but will have to remain in the country where they reside. There is no deal on voting rights, which ministers will seek to negotiate with individual states.

A concession on movement rights for Britons, but one ministers hope to re-open in phase two of the talks. VERDICT: CONCESSION