EU migrants will be given right to stay in event of no-deal Brexit, Cabinet papers reveal

Theresa May, the Prime Minister
Theresa May, the Prime Minister

Britain will give EU migrants a unilateral right to stay in the UK in the event of a no deal Brexit amid concerns that failing to do so would lead to labour shortages, leaked Cabinet papers reveal.

The papers, seen by The Telegraph, state that Britain will take a "moral high ground" by agreeing to enable EU migrants to live in the UK and continue to access the NHS and claim benefits.

However the papers also highlight the fact that much of the UK's no deal planning will rely heavily "on the availability of existing labour" in the event that talks break down. 

Ministers across Government have warned that Brexit must not lead to shortages in sectors such as health, social care, construction and tourism.

The Government will guarantee the rights of EU migrants regardless of whether Brussels agrees to do the same for Britons living in Spain and other European nations.

Details of the offer for EU citizens in the event of a no deal Brexit will be set out in one of 83 technical papers on no deal, the first of which will be published next week. 

The Government has stressed that they will be "serious and sober" and that they will not be a re-run of "Project Fear" after a backlash by Eurosceptic Tory MPs who accused the Prime Minister of taking a "kamikaze" approach to no-deal planning.

The Cabinet paper, which was given to ministers last month, describes the rights of EU citizens as "one of the most important aspects" of no-deal planning. 

Sajid Javid, the Home Secretary
Sajid Javid, the Home Secretary

It warns that there will be "handling risks" if the Government fails to honour the commitments it made on citizens rights in December 2017, when it reached an agreement with Brussels as part of withdrawal discussions.

Under the deal all 3.8million EU migrants living in the UK will be entitled to stay and continue to enjoy access to healthcare, benefits and pensions. They will also be able to bring spouses and "close family members" from abroad to live with them in the UK.

It states: "The Home Office plans to make an offer to existing EU residents that they can remain in the UK in a 'no deal' scenario, in effect unilaterally implementing the (immigration element of the) Citizens' Rights agreement agreed with the EU in December 2017.

"The proposal is to make the offer irrespective of whether the EU reciprocates. Any package would need resolution for the reciprocal elements of the December 2017 deal. 

"Making an offer is not only important to provide certainty publicly, but will enable the UK Government to take the moral high ground. A number of other plans are also dependent on the Government's position on this issue, relying heavily on the availability of existing labour in a 'no deal' scenario."

The approach has been welcomed by some  Eurosceptic MPs. Jacob Rees-Mogg, the leader of a 60-strong group of Tory Eurosceptics, said: "I have always thought we should make a unilateral offer in this area. EU migrants came here legally, and the UK is not the sort of country that applies retrospective legislation. They should have broadly the same rights as British citizens - no better or worse."

However, David Jones, another Tory Eurosceptic MP and former Brexit minister, said: "It's got to be reciprocal. We have a large number of Britons in the EU and their interests have got to be reflected. We have got to look after our own people."

The Cabinet paper says the Government will have to ramp up no-deal Brexit preparations next month if a deal is looking increasingly unlikely. 

"By September, with six months to go until the UK's exit, Government will need to decide whether to accelerate significantly cross-Government preparations up to and beyond October, in order to be ready in practice to deliver fully a 'no deal' scenario after October Council if required," it says.

"Our expectation is that the vote on the final deal should determine whether the 'no deal' scenario shifts from preparatory activity to full implementation."

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