Draft Brexit agreement

[NormanH]

IF it gets through ...

The interesting part is Section 2 on Citizens' Rights from page 16 onwards

https://ec.europa.eu/commission/sites/beta-political/files/draft_withdrawal_agreement_0.pdf

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(g)

the document evidencing the status shall be issued free of charge or for a charge not

exceeding that imposed on citizen

s or nationals of the host State for the issuing of similar

documents;

(h)

persons who, before the end of the transition period, hold a valid permanent residence

document issued under Article 19 or 20 of Directive 2004/38/EC or hold a valid domestic

immig

ration document conferring a permanent right to reside in the host State, shall have the

right to exchange that document within the period referred to in point (b) of this paragraph for

a new residence document upon application after a verification of thei

r identity, a criminality

and security check in accordance with point (p) of this paragraph and confirmation of their

ongoing residence; such new residence documents shall be issued free of charge;

(i)

the identity of the applicants shall be verified thro

ugh the presentation of a valid passport or

national identity card for Union citizens and United Kingdom nationals, and through the

presentation of a valid passport for their respective family members and other persons who

are not Union citizens or United

Kingdom nationals; the acceptance of such identity

documents shall not be made conditional upon any criteria other than that of the validity of

the document. Where the identity document is retained by the competent authorities of the

host State while the a

pplication is pending, the host State shall return that document upon

application without delay, before the decision on the application has been taken;

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(j)

supporting documents other than identity documents, such as civil status documents, may be

submitted in copy. Originals of supporting documents may be required only in specific cases

where there is a reasonable doubt as to the authenticity of the supporting documents

submitted;

(k)

the host State may only require Union citizens and United Kingd

om nationals to present, in

addition to the identity documents referred to in point (i) of this paragraph, the following

supporting documents as referred to in Article 8(3) of Directive 2004/38/EC:

(i)

where they reside in the host State in accordance wit

h

point (a) of

Article 7(1) of

Directive 2004/38/EC as workers or self

-

employed, a confirmation of engagement from

the employer or a certificate of employment, or proof that they are self

-

employed;

(ii)

where they reside in the host State in accordance wi

th

point (b) of

Article 7(1) of

Directive 2004/38/EC as economically inactive persons, evidence that they have

sufficient resources for themselves and their family members not to become a burden on

the social assistance system of the host State during thei

r period of residence and that

they have comprehensive sickness insurance cover in the host State; or

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(iii)

where they reside in the host State in accordance with

point (c) of

Article 7(1) of

Directive 2004/38/EC as students, proof of enrolment at an est

ablishment accredited or

financed by the host State on the basis of its legislation or administrative practice, proof

of comprehensive sickness insurance cover, and a declaration or equivalent means of

proof, that they have sufficient resources for themsel

ves and their family members not

to become a burden on the social assistance system of the host State during their period

of residence. The host State may not require such declarations to refer to any specific

amount of resources.

With regard to the condi

tion of sufficient resources, Article 8(4) of Directive 2004/38/EC

shall apply;

(l)

the host State may only require family members who fall under

point (e)(i) of

Article 10(1)

or

Article 10

(2) or

(3) of this Agreement and who reside in the host State in a

ccordance with

point (d) of

Article 7(1) or

Article 7

(2) of Directive 2004/38/EC to present, in addition to the

identity documents referred to in point (i) of this paragraph, the following supporting

documents as referred to in Article

8(5) or 10(2) of

Directive 2004/38/EC:

(i)

a document attesting to the existence of a family relationship or registered partnership;

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(ii)

the registration certificate or, in the absence of a registration system, any other proof

that the Union citizen or the United Kingd

om national with whom they reside actually

resides in the host State;

(iii)

for direct descendants who are under the age of 21 or who are dependants and

dependent direct relatives in the ascending line, and for those of the spouse or registered

partner, d

ocumentary evidence that the conditions set out in

point (c) or (d) of

Article

2(2) of Directive 2004/38/EC are fulfilled;

(iv)

for the persons referred to in Article 10(2) or (3) of this Agreement, a document issued

by the relevant authority in the host

State in accordance with Article 3(2) of Directive

2004/38/EC.

With regard to the condition of sufficient resources as concerns family members who are

themselves Union citizens or United Kingdom nationals, Article 8(4) of Directive 2004/38/EC

shall apply;

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(m)

the host State may only require family members who fall under

point (e)(ii) of

Article 10(1)

or

Article 10

(4) of this Agreement to present, in addition to the identity documents referred to

in point (i) of this paragraph, the following supporting do

cuments as referred to in

Articles

8(5) and 10(2) of Directive 2004/38/EC:

(i)

a document attesting to the existence of a family relationship or of a registered

partnership;

(ii)

the registration certificate or, in the absence of a registration system, a

ny other proof of

residence in the host State of the Union citizen or of the United Kingdom nationals

whom they are joining in the host State;

(iii)

for spouses or registered partners, a document attesting to the existence of a family

relationship or a re

gistered partnership before the end of the transition period;

(iv)

for direct descendants who are under the age of 21 or who are dependants and

dependent direct relatives in the ascending line and those of the spouse or registered

partner, documentary evi

dence that they were related to Union citizens or United

Kingdom nationals before the end of the transition period and fulfil the conditions set

out in

point (c) or (d) of

Article 2(2) of Directive 2004/38/EC relating to age or

dependence;

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(v)

for the pe

rsons referred to in Article 10(4) of this Agreement, proof that a durable

relationship with Union citizens or United Kingdom nationals existed before the end of

the transition period and continues to exist thereafter;

(n)

for cases other than those set o

ut in points (k), (l) and (m), the host State shall not require

applicants to present supporting documents that go beyond what is strictly necessary and

proportionate to provide evidence that the conditions relating to the right of residence under

this Tit

le have been fulfilled;

(o)

the competent authorities of the host State shall help the applicants to prove their eligibility

and to avoid any errors or omissions in their applications; they shall give the applicants the

opportunity to furnish supplementar

y evidence and to correct any deficiencies, errors or

omissions;

(p)

criminality and security checks may be carried out systematically on applicants, with the

exclusive aim of verifying whether the restrictions set out in Article 20 of this Agreement may

be applicable. For that purpose, applicants may be required to declare past criminal

convictions which appear in their criminal record in accordance with the law of the State of

conviction at the time of the application. The host State may, if it considers

this essential,

apply the procedure set out in Article 27(3) of Directive 2004/38/EC with respect to enquiries

to other States regarding previous criminal records;

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(q)

the new residence document shall include a statement that it has been issued in

accordance

with this Agreement;

(r)

the applicant shall have access to judicial and, where appropriate, administrative redress

procedures in the host State against any decision refusing to grant the residence status. The

redress procedures shall allow for

an examination of the legality of the decision, as well as of

the facts and circumstances on which the proposed decision is based.

Such redress procedures

shall ensure that the decision is not disproportionate.

2.

During the period referred to in point (

b) of paragraph 1 of this Article and its possible one

-

year extension under point (c) of that paragraph, all rights provided for in this Part shall be deemed

to apply to Union citizens or United Kingdom nationals, their respective family members, and other

persons residing in the host State, in accordance with the conditions and subject to the restrictions

set out in Article 20.

3.

Pending a final decision by the competent authorities on any application referred to in

paragraph 1, and pending a final judgm

ent handed down in case of judicial redress sought against

any rejection of such application by the competent administrative authorities, all rights provided for

in this Part shall be deemed to apply to the applicant, including Article 21 on safeguards and

right

of appeal, subject to the conditions set out in Article 20(4).

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4.

Where a host State has chosen not to require Union citizens or United Kingdom nationals,

their family members, and other persons, residing in its territory in accordance with the co

nditions

set out in this Title, to apply for the new residence status referred to in paragraph 1 as a condition

for legal residence, those eligible for residence rights under this Title shall have the right to receive,

in accordance with the conditions set

out in Directive 2004/38/EC, a residence document, which

may be in a digital form, that includes a statement that it has been issued in accordance with this

Agreement.

ARTICLE

19

Issuance of residence documents during the transition period

1.

During t

he transition period, a host State may allow applications for a residence status or

residence document as referred to in Article 18(1) and (4) to be made voluntarily from the date of

entry into force of this Agreement.

2.

Decisions to accept or refuse suc

h applications shall be taken in accordance with Article

18(1)

and (4). Decisions under Article 18(1) shall have no effect until after the end of the transition

period.

[YCCMB]

I think I'll wait and see the film. That c&p is making my eyes sore. Sorry Norm.

[Gardian]

Yes ...... lost the will to live.

Does it mean that Mrs G & I won’t be herded up and put in a cattle truck headed for Calais on 1st April-ish?

Sick to death of the whole business.

[nomoss]

Thanks, Norman, for your efforts that the Forum's format managed to make almost unintelligible.[:D]

Not that hard to follow the gist Mme Beardie[:D]

[woolybanana]

Eye watering but intelligible.

We have the right of residence and to have relevant document if required, depending on the decision of the host country.

Nothing about health cover or have I missed it.

[NormanH]

I am still going through the 585 pages...

I did find this:

"where

they reside in the host State in accordance with point (b) of Article

7(1) of

Directive

2004/38/EC as economically inactive persons, evidence that they have

sufficient

resources for themselves and their family members not to become a

burden on

the

social assistance system of the host State during their period of

residence and that

they

have comprehensive sickness insurance cover in the host State"

I presume that the issue of whether the British government continues to provide this under the S1 up  to Britain not to Europe, but as I said I haven't finished reading

[Cathar Tours]

Best of luck Norman. We all have sections of it which are important us as an individual. My interest is in recognising qualifications after Brexit. The problem I discovered is there are so many links to existing EU legislation it becomes almost impossible at times because you do have to read them as well to get the full picture. You only have one in your bit you have mentioned some have 10 or more then even more in the footing of the page. Add in the further 100 Annexes of further information then talk about complicated or what.

[Alan Zoff]

I'm going to leave it for a day or two....

[Judith]

[quote user="Alan Zoff"]I'm going to leave it for a day or two....[/quote]

Me too, it might all come crashing down yet ..it is obvious that it is not at all universally liked or yet agreed.

Interesting to return from Blighty last night after a long weekend of Remembrance and Old School and Uni reunions for hubby, to find what happens when you are in the midst of that wonderful journey allocated to you by Ryanair ... all went as well as could be expected as it happened ... but everyone we spoke to described the current scenario as chaos or shambles, regardless of which side of the divide they might be .. we didn't always bother asking which way they voted ... everyone thinks its a shambles at present!

[alittlebitfrench]

Given what is happening in the UK today, I think we can safely say Brexit is finished.

So get on with your lives and don't worry about getting a CDS. LOL

Trump will be gone by next summer and life can get back to normal.

Well, the French the will keep striking mind you. But that is normal.

[idun]

I couldn't manage to read everything.

I shall wait until it has all been sorted, this could after all affect us badly or not at all, and we shall get on with which ever scenario.

The thing is that people used to have to have sufficient funds to live on and not be a burden to the french state...... and I agree with that. No one should. That they may be a burden in  their homeland is quite another thing.

[Patf]

Being pedantic, this is a proposal, not an agreement (apart from the cabinet eventually agreeing to put it forward.)

It still has to be discussed with EU and await their agreement. Or not.

And confirmed by parliament at some stage.

Assuming all this happens, then comes the 'transitionary period'. Only God knows how long this would take.

It occurred to me that a document this size must have been prepared ages ago by the civil service and presented as a last resort.

[NormanH]

In my original post I did make it clear that this was just explaining what was in this document. That got lost in the scrambling.

Today it seems as if it will be difficult for it to go through given the antics of those who are supposed to be governing the country..

[nomoss]

The way things are going at the moment it might not matter what it says[:(]

[Alan Zoff]

As I feared from the outset, it will mean crashing out without a deal with Boris as PM. Every dodgy regime looking for a desperate trading partner must be rubbing their hands with glee.

[NormanH]

Would that be a DAFT Brexit?

[richard51]

What a choice from Maggie May. A fudge and promise of yet more talks to get impossibly-good trade agreement OR a chaotic costly exit.

Perhaps the DUP will be the saviours - formerly known as the Protest-ant unionist party and still protesting against the catholics.

[woolybanana]

Not sure what other choices there might have been, dickdick.

[richard51]

Staying put like 48% voted for and probably lots more would now vote for since reality strikes.

[woolybanana]

Well, another referendum is the ace up Theresa May’s sleeve, dickdick.

[Patf]

Maybe it's too late to go back to pre Article 50 - from Wiki:

"Is Article 50 reversible?

According

to the influential German finance minister Wolfgang Schäuble, "The

British Government has said we will stay with the Brexit. ... On 29

March 2017, the EU Commission stated "It is up to the United Kingdom to

trigger Article 50. But once triggered, it cannot be unilaterally reversed"

[nomoss]

[quote user="Patf"]

Maybe it's too late to go back to pre Article 50 - from Wiki:

"Is Article 50 reversible?

According

to the influential German finance minister Wolfgang Schäuble, "The

British Government has said we will stay with the Brexit. ... On 29

March 2017, the EU Commission stated "It is up to the United Kingdom to

trigger Article 50. But once triggered, it cannot be unilaterally reversed"

[/quote]

I'm sure it could be reversed by mutual agreement - but almost certainly without some of the concessions and exemptions formerly enjoyed by the UK.

[Patf]

I think I might have been wrong on the previous page.

They're now referring to this as the chequers deal, and it seems the EU have already agreed? so she's now trying to sell it to cabinet and Parliament?

All very confusing.

[Cathar Tours]

Well it seems the EU has said it's a "Take it or leave it" deal.

https://www.theguardian.com/politics/2018/nov/16/brexit-deal-take-it-or-leave-it-eu-tells-britain

[richard51]

My understanding is that the UK will be able to stay - but hey Maggie May wont give the legal advice.

Is the "take it or leave it" comment not just saying that that is the deal, period, no more assing about. Take it, stay or rugger off.