Will 15-year expat vote law be abolished in time for EU Referendum?

If the British High Court rules in favour of the expat challenge, could every Brit abroad be eligible to vote in the forthcoming EU referendum?

This week a group of British expats launched a legal appeal at the British High Court challenging the current law that denies those who have lived abroad for more than 15 years the right to vote in UK elections…

The issue is a particularly sensitive one right now, given that the UK votes on an In/Out EU referendum on June 23. Currently, only Brits who have lived outside of the UK for less than 15 years can vote in UK general elections or referendums such as this.

However, led by 94-year-old war veteran Harry Shindler, a Brit who resides in Italy, the expat group has compelled the High Court to listen to their claim that the current law is undemocratic and unlawful. Lawyers representing the group lodged the appeal yesterday, and if the British High Court acquiesces then it could mean that all Brits who currently live overseas will have a right to vote in the forthcoming referendum.

“Our clients are being penalised for exercising their EU free movement rights,” said Richard Stein, a lawyer from the firm Leigh Day. “The people it arbitrarily excludes are those UK citizens who are among those most likely to be affected by the decision taken by voters in this referendum.”

Stein added: “Not to allow them to vote on the decision whether the UK remains part of the EU is unlawful, and we have asked the court to deal with the issues urgently so that the act can be amended before the June date, to include all UK citizens residing in the EU for however long.”

There is a notable lack of data on the exact number of Brits who live in the EU. Estimates vary between two million and five million, with those thought to live in Spain ranging from 700,000 to more than two million. However, what is known is that, of the 283,000 Brits currently registered on the padrón as resident in Spain, a mere 11,000 have registered to vote in the UK.

Many expat groups are urging all Brits abroad to register to vote. The forthcoming referendum is of immense importance to all Brits, but particularly those whom it will impact most – Brits who live abroad. Even Brits who intend to vote for the UK to leave the EU are encouraged to register in order to uphold the democratic ideals that first allowed Europe to offer such secure and peaceful diversity that they all enjoy.

Last May, during the last general election, there were issues with delayed paperwork and postal voting for Brits who have lived overseas for less than 15 years and wished to exercise their right to vote. The data shows that 106,000 Brits who live abroad voted – which is a tiny drop in the ocean compared to the actual number of Brits who were eligible.

The legal challenge is a mere follow-on from David Cameron’s own pre-election pledge to introduce “votes for life” for Brits who had already clocked-up 15 years abroad. But the Prime Minister did say at the time that the change would not be implemented before the EU referendum, making this week’s legal challenge all the more intriguing in that it could force Cameron’s hand on the issue.

The Prime Minister is unlikely to be too concerned, however. Should long-term expats in Europe get the vote, then logic dictates that the majority would vote to stay in the EU, given that many of the freedoms they enjoy have been delivered under the terms of the EU. Brexit cannot guarantee anything except uncertainty, many feel.

If you’ve lived outside the UK for 15 years or more and are disenfranchised, you can sign the petition to give all expats the vote here.