1. EU Staff rights and the Brexit negotiation
Update: where are we at? Technical note from the Government on the status of EU nationals
The Three Million (and British in Europe) demands
Open discussion: issues for EU nationals/issues specific to our sector
the December European Council, at which a decision must be reached whether "sufficient progress" has been made in Phase 1 of the negotiations and Phase 2 discussions can start.

2. Brexit and post-school education A guide for UCU branches and members (on UCU website)
Pledge that there will be no changes made to
employment or enrolment status, qualification requirements, residential requirements or student fees requirements for any current EU/EEA staff or students arising from any changes introduced by government.
UCU branch model motion approved by Congress: “(…) these changes in the immigration status of current EEA residents will represent a significant worsening of the condition of all present and future EEA staff in the UK. In particular, any restrictions on freedom of movement, and our right to work without discrimination based on nationality, will put increasing competitive pressure on EEA staff, and thus affect staff as a whole and weaken our union. It will also have a detrimental effect on the educational experience and academic life, which are critically enriched by the intellectual and cultural contribution made by the international staff and student.”

3. Technical note: citizens’ rights, administrative procedures in the UK
“10) The criteria applied will be simple, transparent and strictly in accordance with the Withdrawal Agreement. In accordance with our obligations under the Withdrawal Agreement, EU citizens and their family members who can evidence to the UK authorities that they fall within the scope of the Withdrawal Agreement (i.e. are lawfully resident before the specified date) must be granted status by the UK authorities unless 1 of the grounds for refusal permitted by the Agreement is met. The UK authorities will have no discretion to refuse an application in other cases. We have already agreed with the EU that the conditions for EU citizens acquiring permanent residence/settled status under the Agreement will be as per the conditions set out in Article 16 of Directive 2004/38” (5 years of continuous and lawful residence as a worker, self- employed person, student, self-sufficient person, or family member thereof)

4. What has changed from previous?
11) In order to streamline the application process, the UK intends to adopt a pragmatic approach to the application of the agreed conditions, for example, by not checking that comprehensive sickness insurance has been held by those who are not economically active or are studying, or applying a genuine and effective work test. We will also not seek to account for undocumented periods where we are satisfied that, overall, the residence requirements have been met, meaning people will not have to account for every trip that they have taken in and out of the UK.
 12) We will verify identity and are considering digital ways to do this in order to make it both secure and user-friendly. We intend to ask applicants to submit a photograph. We will not ask EU citizens for other biometric data such as fingerprints
(It is important to note that these points had been raised again and again by the 3 million campaigners, and can be considered the result of pressure

5. “Grace” period
5) “Notwithstanding this voluntary scheme, the UK estimates that the period made available for individuals to make an application after exit will last for around 2 years after the UK’s exit from the EU. Those EU citizens and their family members in scope of the Withdrawal Agreement will have their status in the UK protected during that time.”

6. 3 Million alternative proposal
citizens’ issues are deferred to phase 2 of the negotiation exchanged for some new deal on trade for example, and this would continue our uncertainty and the bargaining chips mode
that the rights of EU citizens in the UK covered by the Withdrawal Agreement be subject to ultimate decision by the CJEU to ensure consistency of decision-making and so that these citizens have equal protection with UK citizens in the EU.
“As the UK will no longer be member of the EU, it is important to set out these criteria in the WA as well as a clear stipulation of respect of CJEU case law. For example, the WA should clearly stipulate that access to the NHS must be interpreted as meeting the definition of Comprehensive Sickness Insurance (CSI) and the Primary Earnings Threshold (PET) criteria must not be applied when interpreting whether or not someone is a worker or self-employed.”
3 Million alternative proposal
Joint letter with British in Europe, 16 November 2017, key points:
Aim is to “achieve a comprehensive agreement on citizens’ rights that will preserve all our current rights under EU law” (in Phase 1, that is by the December European Council)
“The UK ‘settled status’ proposal, as it stands would entail loss of existing EU law rights, including family reunification, as well as lack of protection against future government law changes, possible loss of status at a future date, limited appeal rights and many other potentially catastrophic consequences for EU nationals in the UK”
They also propose that the rights of EU citizens living in the UK are protected by a UK-EU Treaty, subsequently implemented in the UK via a Withdrawal Citizens Rights Act, which sets out a status, independent of UK immigration law, to cover this finite group of people. This Act must allow for direct effect and referral to the CJEU (main point of difference)

7. Family reunion rights???
This is one of the major flaws of the current “offer” showing the limitations of the “settled status” including concessions to individuals as if they had no family, no ties with others (partners, elderly to care for…):
3 MILLION DEMAND: “Ensure all current family reunification rights in the UK, the loss of which would affect not only EU citizens in the UK by preventing them in the future from bringing a spouse or elderly parent needing care to the UK, but also UK citizens in the EU who might need to return to the UK at some date after Brexit, accompanied by their non-British family members”

8. Children 3 million’s proposal is that
Children born to an EU parent before Brexit will take their parent’s status and be able to pass that status on to their children. Children born to an EU parent after Brexit will also take their parent’s status but will not be able to pass it on to the next generation

9. Right to return…
Difference between current EU PR and new UKPR: the new one will ensure indefinite right to return
“The UK’s offer of a lifelong right of return* in exchange for free movement should be accepted. It will ensure a balanced reciprocity between the two groups of citizens. EU citizens in the UK will keep free movement within the EU27 and ought to be entitled to a right of return to the UK to preserve all their existing rights even if they leave the country for more than 2 years**. The free movement right of UK citizens in the EU, if lifelong so that they do not lose all rights by moving (e.g. back to the UK), for over 2 years, would ensure the same. “
** this would be important for EU staff taking prolonged leave from the University and wanting to return without losing their status
*this is not yet there because the EU has not offered free movement rights to those British with permanent residence

10. Other key points of the counter-proposal
“Export of benefits has been agreed for pensions and health benefits, but this needs to be extended to other benefits which the UK proposes to exclude despite receiving the tax and social security contributions which fund them”. Transnational rights, including coordination of social security with country of origin should be maintained as already regulated under EU law
“Voting rights for British citizens in the EU, both at local and European Parliamentary elections, which are an essential aspect of the right to live in a democratic country, should be retained”.

11. EU Immigration Information Session
The next EU Immigration Information Session for staff will take place at am on Wednesday 29 November 2017 in Clothworkers Central Building Speakman LT (G.89).  Details of the session are as follows

12. Useful links and resources
UCU policy and branch resources
Technical note by Government rights-administrative-procedures-in-the-uk/technical-note-citizens-rights-administrative- procedures-in-the-uk –
the European Parliament rejects as inadequate outlines-its-red-lines-on-latest-uk-citizens-rights-proposals
3 Million’s full response published just yesterday  

13. Discussion How are you going to be impacted?
Questions/doubts/ emerging issues?
ISSUES specific to our sector