Thread by @nick_gutteridge

1/ Govt has published a technical paper about the new 'streamlined system' it will put in place so EU nationals can claim UK residency after Brexit 👇

gov.uk/government/upl…

2/ This is a big deal for Barnier and especially MEPs and @GuyVerhofstadt who are adamant system should be as easy, stress free and cheap as possible to use.

3/ First up, a carrot ahead of December summit. UK wants to allow EU citizens to apply for residency as soon as Phase 1 signed off. Any application will not affect their existing rights.

After Brexit day, there will be a window within which people can apply. Funnily enough this is 'estimated to be around 2 years' - the exact same language and period as May's proposed transition.

5/ Officials insist system will be 'streamlined, user-friendly, digital application process'. In other words, you can apply online. Most applications will then be checked/verified based on existing Govt data, such as tax records.

6/ This is important. One of EU's big concerns with UK's original proposal was EU citizens would've had to provide evidence for things like every time they entered/exited the country. Hugely time consuming & stressful.

7/ To soothe fevered European brows: 'Our priority
is to minimise burden of documentary evidence required to prove eligibility.' That said, anyone who knows how well British computer systems works may be a tad skeptical.

8/ Next, a pledge to keep costs down. This is significant as aligning application cost with UK passport means EU citizens aren't being discriminated against financially.

9/ If you already have an EEA residency docs, it's easier still. However, suspect EU will question why they need to go through this process at all, especially a 'security check'.

10/ UK authorities will have 'no discretion to refuse an application' from anyone covered under scope of Withdrawal Agreement - both EU citizens and family members - unless for a specific reason written into the deal (i.e serious criminal record?)

11/ Application will include no health insurance, work or travel checks, This is vital as the EU was very worried about all this stuff and the distress it would cause.

12/ Also, no biometric data will be required such as fingerprinting. Instead, EU citizens will simply need to submit a passport-style photo online.

Confirmation that all EU citizens in the UK before the date specified on the Withdrawal Agreement (still under negotiation) will be allowed to stay for five years with full rights then claim residency.

14/ Note states: 'A principle of evidential flexibility will apply, enabling caseworkers to exercise discretion in favour of applicant where appropriate, to avoid unnecessary administrative burdens.' In other words, we'll give EU citizens the benefit of the doubt.

15/ The appeals process will be managed exclusively by the UK courts. Nary a mention of any ECJ role here. Thumbs down from Brussels here I think.

16/ Govt says it will take a 'proportionate approach to those who miss application deadline' and not simply boot them out straight away. Can stay in UK while it's processed. But, those who don't qualify will then be in Britain illegally and unable to work.

17/ Paper says those with criminal records who pose a 'threat to public safety' can be denied residency, in line with EU regulations. But officials will not re-evaluate those known about, who have already been deemed safe.

18/ However, deportation of those who commit crimes after Brexit day will be dealt with in line with UK law, not European. Will this be acceptable to the Hof and co?

19/ UK officials appear to suspect not. They concede that EU states may want to retaliate by applying tougher conditions of their own to Brits on the continent.

20/ To conclude, this paper looks like a decent effort. UK side has clearly taken on board a number of EU concerns and modified its proposals accordingly, something that should be appreciated in Brussels.