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UK Nationals Will Apply to the European Court of Justice to Retain EU Citizenship


Article 20 of the Lisbon Treaty stipulates that EU citizenship is separate from national citizenship. In fact, it’s supplemental, and there have been no provisions regarding withdrawal of this citizenship whether a nation stays in the EU or leaves the bloc.


Based on this article, a group of campaigners from the UK are initiating legal action against their government. They believe that the UK has no right to withdraw their EU citizenship once the UK finally leaves the EU on January 31, 2020.


Joshua Silver, Professor of Physics at the University of Oxford, plans to present the case at the  European Court of Justice in the next few weeks. Can the 2016 referendum be used as a legal reason to remove Professor Silver’s status as an EU national? The European Court will have to provide a resolution.


The freedom of movement will terminate for EU and EEA citizens and their family members, as well as Britons dwelling in Europe as soon as the transition period comes to an end on December 31, 2020. For that purpose, the Home Office provided the EU Settlement Scheme in accordance with the Withdrawal Agreement.


Professor Silver maintains that the present EU law cannot legally justify removal of EU citizenship rights from UK nationals. He is also seeking legal ground to present the action as a ‘class action’ including 79,000 people who signed up to retain their EU citizenship on an ad hoc website.


Professor Silver also believes that almost 5 million British citizens living abroad were refused their right to vote in the EU referendum and may now have a case in line with the human rights legislation.


Astons is a leading global immigration advisory firm with offices in London, Beijing, Moscow, Dubai and Limassol (Republic of Cyprus) and offers residency & citizenship investment solutions worldwide including UKTurkeyVanuatuEU & the Caribbean


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