16:44

Theresa May’s hopes of restricting the residency rights of EU nationals arriving during the post-Brexit transition have been dashed by European politicians and diplomats.

The prime minister’s call to limit EU free movement laws has been dismissed, with the EU insisting the terms of transition are not open for debate.

“On the EU side, we will not be able to move on this. Free movement is sacrosanct,” said one EU diplomat when asked about long-term residency rights. “If we start to allow exceptions, there will be more and the whole thing blows up.”

On Monday European ministers agreed the EU’s terms for the post-Brexit transition, to be agreed by the EU’s chief negotiator Michel Barnier. The document is described by the commission as “negotiating directives” for Barnier, but insiders see nothing to negotiate on transition.

“In our view it is obvious what is going to happen. All the current regulations will apply to Britain, except representation [in the EU institutions]. Britain will remain a member of the single market and the customs union and the four freedoms will continue to apply,” a second diplomat told the Guardian.

Roberto Gualtieri, a centre-left MEP, who sits on the European parliament’s Brexit steering group, said the EU was united. He said:

Citizens are part of the transition, so that status quo includes citizens and it is extended for this moment. This is now, not just the position of the parliament, this is the position of the whole union and of the directives adopted unanimously by the council. It is a red line. It is there.

He was speaking at a hearing on citizens’ rights at the European parliament and it is unsurprising that MEPs are taking a tough line.

But the UK has no support from EU member states either.

Barnier’s position has been that EU law in its entirety should apply to the UK during the transition. The specifics on citizens were strengthened by Poland, Romania and Hungary during this month’s discussion on transition. Several EU sources said this approach had widespread support.



“I don’t think this is something that is up for grabs,” an EU diplomat said.

He added that it would be an administrative burden to have three different arrangements for protecting citizens’ rights - ie pre-Brexit, transition, new relationship. “As with the economy, this creates an administrative burden that no one wants, it is better just to have one change instead,” he said.