Brits fighting to keep their EU citizenship win case

A group of Britons who want to keep their EU citizenship after Brexit have today won a landmark legal case. 

The group of five have had their case referred up to the European Court of Justice where it will be heard in the coming months.

Five British expats last month took the Dutch government to court arguing their legal rights – including free movement – should be enforced and protected by the Netherlands after Brexit.

They argue they have EU rights that must be protected no matter what Britain’s future relationship with the Brussels club is.

If they win the case then it could pave the way for other Brits living abroad to retain their EU rights after Brexit.

Dutch judge Floris Bakels today said: ‘We refer the questions to the European Court of Justice.’ 

The case could have far-reaching implications for about a million British citizens living in Europe.

The judges are referring two preliminary questions to the Luxembourg-based ECJ for an answer about the group’s rights as EU citizens after Brexit.

The questions are: ‘Does Brexit mean that Britons automatically lose their European citizenship or do they maintain their rights, and if so, under what conditions?’

Speaking afterward, Stephen Huyton – one of the Brits who brought the case – said: ‘I am shocked and delighted with the decision. But we have to realise that this is just the first step to eventually getting clarity about our status.’

Theresa May (pictured in Parliament today) has said all 3.2 million EU citizens currently living in the UK can apply for settled status here, but what future  restrictions on the rights of EU citizens here and  brits abroad remains up for negotiation

Judge Bakels gave lawyers a week to comment on the decision and to add any other preliminary questions to be put to the ECJ. 

Theresa May has said all 3.2 million EU citizens currently living in the UK can apply for settled status here.

And she is pressing for Britons living abroad in the bloc to have their rights guaranteed too.

However, it remains unclear what new immigration restrictions will be brought in after Brexit day in March 2019 – and what that will mean for Britons living abroad.