06 July, 2015

By VIVA Team

Millions of Brits living across the EU would be permitted to stay put should the UK leave the union.

An investigative report by the UK’s Daily Telegraph newspaper has found that millions of British expats who live across Europe have little to fear if the UK does vote to leave the European Union (EU)…


Despite former Attorney General Dominic Grieve claiming that an EU exit “would make two million Britons abroad illegal immigrants overnight”, the truth uncovered by the Telegraph actually suggests that the majority of British expats would be permitted to stay put.

According to the Vienna Convention, should the UK exit the EU then the Law of Treaties 1969 would be triggered, which contains ‘acquired rights’ that individuals accrue over time and retain regardless of any ‘future treaties enacted by their nation’.

In other words, people who live and work in the EU are permitted to hold on to the ‘substance’ of free movement rights for workers, meaning that the rug simply cannot be pulled from under the feet of people already settled in another country.

A note issued by the House of Commons would appear to acknowledge this fact, the Telegraph found. “Generally speaking, withdrawing from a treaty releases the parties from any future obligations to each other, but does not affect any rights or obligations acquired under it before withdrawal.”

This means that the ability of Brits to live and work freely anywhere in the EU would remain unaffected, at least, for those already there. Future would-be expats, however, would face a different landscape – one that could require them to pass certain points-based tests for emigration, similar to those imposed by Australia and Canada.

For Brits living in Spain after a UK exit from the EU, there are question marks over additional EU benefits, such as reciprocal free healthcare. However, the Telegraph states that the NHS would be responsible for paying the cost of healthcare of pensioners abroad, which is not a million miles removed from how it works already.

According to data from the Office of National Statistics (ONS), in 2013-14 the UK paid £580 million to other countries in the EU for the treatment of British pensioners living abroad.