During the debates on the withdrawal agreement, two major changes to the system were proposed: the modification of the legal basis into a declaratory registration system (unlike the current systemic application system); and include an option for physically demonstrating status. The government suffered its first parliamentary defeat when the Lords adopted the change to the EU`s colonization system. However, that was rejected when the bill came back to the House of Commons. The UK government is proposing to implement the draft agreement by introducing the « settled » system. So far, it seems more relaxed, as it does not ask EU citizens to show how they respect Articles 6 and 7. The UK government has stated that EU citizens only have to prove that they have lived and live in the UK and that they must undergo an incrimination review to qualify for the application procedure they have proposed. On 6 December 2018, the Ministry of Exiting the European Union published a policy paper on citizens` rights in the event of a non-Brexit agreement. It pledges to protect the rights of EU citizens living in the UK before 29 March 2019, even if there is no agreement on the regulated status system. According to Professor Steve Peers, « it would not be an obligation under international law, so the British government is free to change the details at a later date, » although he says the government has no intention of doing so at this time.
Only EU citizens who are covered by Articles 6 and 7 of Directive 2004/38/EC and who legally reside in the UK are protected by the draft agreement. This means that the EU citizen must be and remain salaried, self-employed, student or autarcaire, or have retained these rights legally. The agreement remains silent on what happens to EU citizens who are unable to meet these requirements after 31 December 2020. Children of people applying for stable status can apply for regulated status at the same time as their parents. Those born in the United Kingdom to parents with regulated status are born in The United Kingdom. Holders of temporary and regulated status are not required to apply for an exit or entry visa. For those who do not have the new documents, the UK has the option of introducing exit or entry visas. Children are protected by the withdrawal agreement, wherever they are born, before or after the UK`s withdrawal from the EU or whether they are born inside or outside the host state in which the UNION citizen or the UK national resides. The so-called « Surinder Singh » families are also not covered by the VA, but the Home Office has confirmed that those who legally reside in the UK before the expiry of the transposition period can apply for a regulated status. Surinder Singh Route is open to spouses and families of British citizens returning from an EU member state where they have exercised rights under the EU`s right of free movement.
This draft agreement easily dates back to the draft agreement of the European Commission published on 28 February 2018. As in general with evolution, most changes are for the better. Andriana will retain the right to exercise its right to free movement in the UK until the end of the transposition period on 31 December 2020.