In her letter to Donald Tusk, Theresa May did not name a specific date on which EU citizens will lose the automatic right to move to the UK, suggesting that the “cut-off” will end up being the day of Brexit itself.



The letter to the European council president was vague about the terms on which EU citizens would be able to move to the UK in future under a new immigration system from March 2019. But the prime minister repeated her promise to seek an early deal on guaranteeing the rights of those already in the UK to stay – as long as there is a reciprocal deal for Britons in the rest of Europe.



Her comments implied that those moving to the UK in the next two years will also have their “full rights and obligations” honoured. There had been speculation that May would set the date of the triggering of article 50 as the point after which EU citizens moving to the UK might not be guaranteed the right to stay.

May appeared to suggest that any EU citizen settling in the UK until the day of Brexit would be allowed to remain, promising to get the best deal for every person in the country, including the 3.2m EU nationals “who have made this country their home”. Issues that will need to be ironed out early in negotiations include the rights of expats to remain living and working, and their healthcare and benefit entitlements.



Her official spokesman would not however make a concrete promise that EU citizens arriving in the next two years would be allowed to stay on the same basis as all those who have already arrived.



Philip Hammond, the chancellor, strongly hinted that they would have their rights preserved. Asked about a cut-off date, he told BBC Radio 4’s Today programme: “Of course they can come here after today. We remain full members of the EU with all the obligations and all the rights of membership.”

The desire for an early settlement of the situation appeared to be echoed by Michel Barnier, chief negotiator for the EU, who said: “Brexit made EU citizens worry about their future in EU27 and UK. The EU will be firm on their rights.”

May’s position was criticised as disappointing by a string of MPs, who had wanted the prime minister to end the uncertainty for EU nationals. “When does she expect to be able to guarantee the rights of all those EU nationals who live, work and contribute to this country?” said Jeremy Corbyn, the Labour leader. “And for those British nationals who live in the EU, including guaranteeing their UK pensions will not be frozen post-Brexit?”

Conservative MP John Baron said it should be a high priority: “Not only is it the right thing to do and will establish good intent, but should there be no agreement, it would be clear to the world that that was not actually our fault and that we were not using EU nationals as bargaining chips.”

Gisela Stuart, the Labour MP who played a key role in the Vote Leave campaign, said she had found little to object to in May’s speech. “In the letter and the statements, she put the commitments to European citizens, to workers’ rights and so far the words are fine,” she said.

EU officials had reacted with alarm to the idea that the rights of EU citizens arriving in the UK over the next two years could be downgraded. The Guardian reported this week that Barnier and MEPs were concerned by reports that the British government wanted 29 March to be the cut-off date and the issue was discussed at a meeting on Monday night.



A five-page resolution detailing the European parliament’s red lines, which will be voted on next Wednesday, was subsequently amended specifically to rule out any “degradation” of the rights of EU nationals arriving in the UK over the next two years.