The fate of European citizens in the United Kingdom post-Brexit is still left to chance as the UK government intends to use it as a “bargaining chip” in its talks with the EU over Brexit. But UK Prime Minister Theresa May’s plans could have a hole as European citizens can invoke general human rights laws to remain in the country despite the results of EU-UK negotiations.
According to Express UK, if European citizens have established their “roots” in the country including their fulfilment of UK requirements for residency, they still have a right to do so and remain. According to EU Law Spanish Professors Antonio Fernandez Tomas and Diego Lopez Garrido, the “vast loss of rights” for European citizens in the United Kingdom “only leads to a nightmarish web of legal complications” that would take decades to untangle.
The professor said EU citizens could use the human rights laws existing in the European Commission of Human Rights to file — specifically articles one and eight, which establishes any European citizen their right to property and to a family life if the UK deports Europeans staying in the United Kingdom post-Brexit.
Garrido stressed the UK and EU must strive for a “good” agreement upon closing the issues of Brexit. This is to ensure the closure of the situation to be fair and balanced in terms of human rights for all parties.
According to UKIP MEP Diane James, who is a member of a Brexit Committee, UK Prime Minister Theresa May does not intend to “kick out” Europeans but acknowledges that insights for the “worst-case scenario” that could happen post-Brexit is important.