Individuals can rely directly on the withdrawal agreement to assert their rights. The section on citizens` rights in the VA is unchanged from the VA, which was previously negotiated by the government in May. Although some provisions are controversial, citizens` rights have been adopted at a relatively early stage in negotiations between the EU and the UK. The joint reports provide an overview of progress in implementing the new resident status and issuing residence documents attesting to this status for EU citizens in the UK and for UK nationals in EU Member States. If you have lived less than 5 years in your EU country, you can stay as long as you meet one of the living conditions. There are exceptions (for example.B. you may have a short period of unemployment and are always insured as a “worker”). You must spend at least 6 months in your EU country over a period of 12 months to retain your right of residence. The text of the Citizens` Rights Withdrawal Agreement is very precise, so it can be invoked directly by EU citizens in British courts and by British citizens in the courts of the Member States. Not all national legislation that is compatible with the provisions of the withdrawal agreement should be enforced. Once EU citizens with pre-determined status have accumulated five years of legal residence in the UK, they can apply for their resident status to be revalued to a permanent status (settled status), which gives them more rights and better protection. The EU settlement system is overseen by an independent supervisory authority in the UK, which will deal with complaints from EU citizens and their family members about alleged violations of their rights under the withdrawal agreement and report back to the institutions that monitor the withdrawal agreement. (In this perspective, when we refer to the VA, we collectively hear the agreements and where we refer to the EU, not only the EU-27, but also Switzerland and the EEA-EFTA countries).
The VA grants a right of appeal against decisions limiting the right of residence. It also protects family members who are granted rights under EU law (for example. B, current spouses and registered partners, parents, grandparents, children, grandchildren and a person in an existing permanent relationship) to join their family member in the future. The IMA is sponsored by the Department of Justice. Non-executive members of the IMA are appointed by the Secretary of State. They must ensure “as far as possible” that they include a member who is familiar with the conditions relating to citizens` rights in Scotland, Wales, Northern Ireland and Gibraltar, which are relevant to the civil rights of the VA.