Theresa May has hinted at a compromise over the vexed issue of EU citizens’ future rights in the UK, suggesting they could be guaranteed in the international court of justice in The Hague.

The UK will publish the full details of what May has called a “fair and serious offer” to EU citizens on Monday, following the EU’s own opening offer on the subject in April.

Speaking in Brussels at the end of a two-day summit with the other 27 EU leaders, May said: “I want all those EU citizens who have made their lives and homes in our country to know that no one will have to leave. We won’t be seeing families split apart; people will be able to go on living their lives as before.”

One key potential sticking point is the EU’s insistence that the European court of justice must be the ultimate guarantor of the rights granted to EU citizens already living in the UK when Brexit happens in 2019.



May, who fought a series of battles against the Luxembourg court as home secretary, has repeatedly made clear that extricating the UK from its oversight is a red line in the Brexit negotiations.

In her Conservative party conference speech last October, she said: “We will not have truly left the European Union if we are not in control of our own laws.”

Speaking as the Brussels meeting came to a close, she appeared to point to an alternative, saying: “From our point of view, these [rights] will be enshrined in UK law, they will be enforced by the highly respected UK courts and of course, if this is an aspect of the withdrawal treaty, it will be enshrined in international law as well.”

That could allow EU citizens to appeal for arbitration to an international body – perhaps the international court of justice in The Hague, which enforces international treaties.

The issue of ECJ oversight is also likely to come up when the UK begins negotiations over a future trade deal with the EU27. The ECJ enforces the rules of the single market, but the UK is likely to seek an alternative arbiter to oversee the “deep and special” deal it hopes to secure.

May outlined the broad principles of the UK’s offer on citizens’ rights at the end of a dinner with the other 27 EU leaders on Thursday night, before leaving to allow them to continue discussions without her.

At her press conference before returning to London, May insisted she had had “positive” reactions from some leaders, despite their lukewarm public comments.

And she underlined the fact that once Britain formally left the EU, controlling immigration would be a key priority. “I think what voters voted for when they voted to leave the EU was to ensure that, outside the European Union, the United Kingdom could establish our own rules on migration, from the EU into the UK, and that is exactly what we will be doing,” May said.

Since the snap election wiped out the Conservatives’ majority in parliament, senior figures on both sides of the Commons – including cabinet ministers – have underlined the importance of prioritising the economy, rather than immigration, in the negotiations, which formally began on Monday.

May’s emollient language about the offer to EU citizens appeared to mark a change in tone from the more combative approach to the talks she suggested during the election campaign, when she repeatedly called on the public to back her so she could “fight for Britain”.

It came after David Davis kicked off the talks by agreeing to the EU’s proposed timetable – with the exit bill, citizens’ rights and the future of Northern Ireland to be discussed first, before a trade deal can be thrashed out.

The Brexit secretary had previously said he expected the timetabling of the talks to be the “row of the summer”.

Full details of the UK’s offer to EU citizens will be set out in a government paper to be tabled before parliament this week, but the prime minister said EU citizens who arrive before Britain formally leaves in 2019 will be able to apply for a new “settled status” after five years, allowing them to acquire the same rights as UK nationals to pensions, benefits and the NHS.

May was speaking on the first anniversary of the Brexit referendum, which some of her pro-leave cabinet colleagues have called “independence day”.

One year on... A fantastic, superb, amazing result for Britain & our future in the world! Happy #IndependenceDay @BorisJohnson @GiselaStuart pic.twitter.com/0UVRa6np8g — Andrea Leadsom MP (@andrealeadsom) June 23, 2017

Andrea Leadsom, the leader of the Commons, tweeted that the referendum was a “fantastic, superb, amazing result”. Asked whether, one year on from the vote, she believed Brexit would be good for Britain, May said: “That’s exactly what we’re working for,” adding: “I believe in Britain, I believe in our opportunities as a country.”



