Professor Steve Peers, University of Essex*

The European Commission’s recent draft of the Brexit withdrawal agreement might encounter obstacles and potentially fail to gain approval due to conflicting viewpoints on the Irish border or other matters. Should this occur, the question arises: what will happen to the provisions concerning EU27 citizens residing in the UK, and UK citizens residing in the EU27, prior to Brexit?

To provide maximum assurance regarding their immigration status, there is a compelling rationale for separating these provisions from the main withdrawal agreement and ratifying them under a distinct agreement. This approach ensures their enforcement regardless of the outcome of negotiations on the remaining aspects of the withdrawal agreement. While this initiative might not be immediately feasible (as certain aspects of citizens’ rights still require mutual agreement), it remains a viable option if the primary discussions collapse, whether before or after Brexit. Notably, a treaty enacted after Brexit could be given retroactive effect from Brexit Day if deemed necessary.

Moreover, advocating for an independent agreement on this issue at an early stage could foster a more favorable atmosphere for the broader negotiations. The party initiating this gesture would demonstrate goodwill towards the citizens of the other party.

Are there legal ramifications to consider? One could argue that Article 50 solely references a single “agreement.” However, legal interpretation sometimes permits the singular form to encompass the plural. Furthermore, it’s plausible that an agreement on citizens’ rights might be the sole point of consensus. If so, it’s reasonable to infer that the drafters of Article 50 envisioned other issues being addressed. Asserting that Article 50 mandates an “all or nothing” approach to matters arising from a Member State’s withdrawal, thereby preventing its application to resolving only a subset of those matters, seems illogical.

A treaty enacted post-Brexit would fall under the Treaties’ immigration provisions. Although Article 79(5) TFEU grants Member States authority over the volume of individuals entering their territory for work, this treaty would pertain solely to those already residing within the territory, thereby avoiding infringement upon national sovereignty.

Should any uncertainties arise regarding these legal aspects, the European Court of Justice (ECJ) could be called upon for resolution using its authority under Article 218 TFEU. This provision allows the ECJ to provide preliminary rulings on draft treaties before they take effect. The submission of the draft agreement makes the content of the proposed agreement sufficiently clear for the ECJ to exercise its jurisdiction (finalized negotiations are not a prerequisite for the Court’s involvement).

To aid those interested in exploring this concept further, a draft of a legally protected agreement has been prepared. This draft utilizes the text from the European Commission’s proposal for the withdrawal agreement, incorporating only the necessary modifications to reflect the agreement’s limited focus. For instance, all mentions of a transition period have been removed, assuming either its absence (in a “no deal” outcome) or its inclusion within the main withdrawal agreement (in a scenario with “multiple deals”). Additional necessary adjustments are noted as comments within the Articles.

For clarity, this draft refrains from suggesting any substantial changes to the European Commission’s text at this juncture, though some revisions might be beneficial and could be proposed shortly. The text is subject to modification during negotiations.

Barnard & Peers: chapter 26, chapter 27, chapter 13

Photo credit: Business Insider

*This blog post was supported by an ESRC priority grant on “Brexit and UK/EU immigration policy” 

Annex – proposed text of Treaty

PREAMBLE

THE EUROPEAN UNION AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

[…]

HAVE AGREED AS FOLLOWS:

PART ONE

COMMON PROVISIONS

Article 1

Objective

This Agreement outlines the procedures for safeguarding citizens’ rights following the withdrawal of the United Kingdom of Great Britain and Northern Ireland (“United Kingdom”) from the European Union (“Union”) and from the European Atomic Energy Community (“Euratom”).

Comment: The phrase “for the protection of citizens’ rights” was added to Article 1 of the Commission’s draft due to the restricted scope of this proposed treaty.

Article 2

Definitions

For the purposes of this Agreement, the following definitions shall apply:

(a) “Union law” means:

(i) the Treaty on European Union (“TEU”), the Treaty on the Functioning of the European Union (“TFEU”) and the Treaty establishing the European Atomic Energy Community (“Euratom Treaty”), as amended or supplemented, as well as the Treaties of Accession and the Charter of Fundamental Rights of the European Union, together referred to as “the Treaties”;

(ii) the general principles of Union law;

(iii) the acts adopted by the institutions, bodies, offices or agencies of the Union;

(iv) the international agreements to which the Union or Euratom is party and the international agreements concluded by the Member States acting on behalf of the Union or Euratom;

(v) the agreements between Member States entered into in their capacity as Member States of the Union or of Euratom; and

(vi) acts of the Representatives of the Governments of the Member States meeting within the European Council or the Council of the European Union (“Council”);

(vii) the declarations made in the context of intergovernmental conferences which adopted the Treaties.

(b) “Member States” means the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden;

(c) “Union citizen” means any person holding the nationality of a Member State;

(d) “United Kingdom national” means a British citizen, as defined in the New Declaration by the Government of the United Kingdom of Great Britain and Northern Ireland of 31 December 1982 on the definition of the term ‘nationals’ together with Declaration No 63 annexed to the Final Act of the intergovernmental conference which adopted the Treaty of Lisbon.

Article 3

Territorial scope

1. Unless stated otherwise in this Agreement or in applicable Union law, any reference to the United Kingdom or its territory shall be interpreted as referring to:

(a) the United Kingdom;

(b) the Channel Islands, the Isle of Man, Gibraltar and the Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus, to the extent that Union law pertinent to this agreement applied to them before this Agreement’s effective date;

(c) the overseas countries and territories enumerated in Annex II to the TFEU maintaining special relations with the United Kingdom, when the provisions of this Agreement pertain to the special arrangements for the association of the overseas countries and territories with the Union.

2. Unless stipulated otherwise in this Agreement or in relevant Union law, any reference to Member States, or their territory, shall be construed as encompassing the territories of the Member States to which the Treaties apply as outlined in Article 355 TFEU.

Comment: In the interest of clarity, the phrase “relevant to this agreement” was inserted into para 1(b).

Article 4

Methods and principles pertaining to the effect, implementation, and application of this Agreement

1. When this Agreement provides for the application of Union law within the United Kingdom, it shall produce the same legal effects in and for the United Kingdom as those produced within the Union and its Member States.

Specifically, Union citizens and United Kingdom nationals shall have the right to directly rely on the provisions contained in or referenced by Part Two. Any provisions that contradict or are incompatible with that Part shall be disregarded.

2. The United Kingdom shall ensure compliance with paragraph 1, including the necessary authority vested in its judicial and administrative bodies, through domestic primary legislation.

3. The provisions of this Agreement that refer to concepts or provisions of Union law shall be interpreted and applied following the same methods and general principles used within the Union.

4. When implementing and applying this Agreement, the provisions referring to Union law or its concepts or provisions shall be interpreted in line with relevant case law of the Court of Justice of the European Union issued before the effective date of this agreement.

5. In interpreting and applying this Agreement, the United Kingdom’s judicial and administrative bodies shall give due consideration to relevant case law of the Court of Justice of the European Union delivered after the effective date of this Agreement.

Comments: The phrase “end of the transition period” has been replaced with “entry into force of this Agreement” in paragraph 4, as well as throughout the text.

Article 5

References to Union law

1. Unless otherwise indicated in this Agreement, any references to Union law shall be understood as references to Union law as applicable on the effective date of this agreement, including any amendments or replacements.

2. When this Agreement references Union acts or their provisions, such reference shall, where relevant, be understood to include a reference to Union acts or their provisions that, while repealed by the referenced act, remain in effect in accordance with that act.

3. For the purposes of this Agreement, references to provisions of Union law made applicable by this Agreement shall be understood to encompass references to relevant Union acts that supplement or implement those provisions.

Comment: A cross-reference to Parts Four and Five of the withdrawal agreement was removed from para 1.

Article 6

References to Member States

In the context of this Agreement, all references to Member States and competent authorities of Member States within provisions of Union law made applicable by this Agreement shall be understood to include the United Kingdom and its competent authorities.

Comment: The text related to institutional matters has been removed, as it pertains solely to the transitional period.

Article 7

Common Travel Area

1. The United Kingdom and Ireland retain the right to establish mutual agreements concerning the movement of individuals between their territories (the “Common Travel Area”), while fully upholding the rights of natural persons as granted by Union law.

2. The United Kingdom shall guarantee that the Common Travel Area, along with its associated rights and privileges, can remain operational without impacting Ireland’s obligations under Union law. This applies particularly to the free movement of Union citizens and their family members, regardless of nationality, to, from, and within Ireland.

Comment: Article 7 of the Commission’s proposal, addressing “Access to network and information systems and databases”, has been substituted with Article 2 of the Protocol on Ireland, as it directly relates to the movement of people. Consequently, the numbering of the text remains consistent with the Commission’s proposal until Article 35.

PART TWO

CITIZENS’ RIGHTS

TITLE I

GENERAL PROVISIONS

Article 8

Definitions

For the purposes of this Part, and without prejudice to Title III, the following definitions shall apply:

(a) “family members” refers to family members of Union citizens or United Kingdom nationals as defined in Article 2(2) of Directive 2004/38/EC of the European Parliament and of the Council, irrespective of their nationality, and who are included within the personal scope defined in Article 9 of this Agreement;

(b) “frontier workers” means Union citizens or United Kingdom nationals engaged in an economic activity in accordance with Article 45 or 49 TFEU in one or more States where they do not reside;

(c) “host State” means:

(i) for Union citizens, the United Kingdom if they exercised their right of residence there in accordance with Union law before the effective date of this Agreement and continue to reside there afterwards;

(ii) for United Kingdom nationals, the Member State where they exercised their right of residence in accordance with Union law before the effective date of this Agreement and continue to reside there afterwards;

(d) “State of work” means:

(i) for Union citizens, the United Kingdom, if they were engaged in an economic activity as frontier workers there before this Agreement’s effective date and continue to do so thereafter;

(ii) for United Kingdom nationals, a Member State where they were engaged in an economic activity as frontier workers before the effective date of this Agreement and continue to do so thereafter;

(e) “rights of custody” shall have the same meaning as in Article 2(9) of Council Regulation (EC) No 2201/2003, encompassing rights of custody acquired through a court judgment, by operation of law, or by a legally binding agreement.

Article 9

Personal scope

1. Without prejudice to Title III, this Part shall apply to the following:

(a) Union citizens who exercised their right to reside in the United Kingdom in accordance with Union law before the effective date of this Agreement and continue to reside there afterwards;

(b) United Kingdom nationals who exercised their right to reside in a Member State in accordance with Union law before the effective date of this Agreement and continue to reside there afterwards;

(c) Union citizens who exercised their right as frontier workers in the United Kingdom in accordance with Union law before this Agreement’s effective date and continue to do so thereafter;

(d) United Kingdom nationals who exercised their right as frontier workers in one or more Member States in accordance with Union law before this Agreement’s effective date and continue to do so thereafter;

(e) family members of those mentioned in points (a) to (d), provided they meet one of the following conditions:

(i) they were residing in the host State in accordance with Union law before this Agreement’s effective date and continue to reside there afterwards;

(ii) they resided outside the host State before the effective date of this Agreement, provided they fulfill the conditions stipulated in Article 2(2) of Directive 2004/38/EC when seeking residence under this Part to join the person referred to in points (a) to (d) of this paragraph;

(iii) they are born to, or legally adopted by, individuals referred to in points (a) to (d) after the effective date of this Agreement, whether within or outside the host State, provided they meet the conditions outlined in Article 2(2)(c) of Directive 2004/38/EC when seeking residence under this Part to join the person referred to in points (a) to (d) of this paragraph, and fulfill one of the following conditions:

- both parents are individuals referred to in points (a) to (d);

- one parent is an individual referred to in points (a) to (d), and the other parent is a national of the host State; or

- one parent is an individual referred to in points (a) to (d) and has sole or joint rights of custody of the child, as per the applicable family law rules of a Member State or the United Kingdom, including applicable private international law rules under which custody rights established under the law of a third country are recognized in the Member State or the United Kingdom, particularly regarding the best interests of the child and without prejudice to the regular operation of such applicable private international law rules;

(f) family members who were residing in the host State in accordance with Articles 12 and 13, Article 16(2), and Articles 17 and 18 of Directive 2004/38/EC before this Agreement’s effective date and continue to reside there afterwards.

2. Without prejudice to any independent right of residence they may possess, the host State shall, in line with its national legislation, simplify entry and residence for individuals falling under Article 3(2)(a) and (b) of Directive 2004/38/EC who resided in the host State in accordance with Union law before this Agreement’s effective date and continue to reside there afterwards.

3. Without prejudice to any independent right of residence they may have, the host State shall, in accordance with its national legislation and Article 3(2)(b) of Directive 2004/38/EC, facilitate entry and residence for the partner with whom the individual referred to in points (a) to (d) has a durable relationship that is duly attested, provided the relationship was ongoing before this Agreement’s effective date and continues when the partner seeks residence under this Part.

4. In the cases mentioned in paragraphs 2 and 3, the host State shall conduct a thorough review of the individual’s circumstances and provide justification for any denial of entry or residence.

Article 10

Continuity of residence

Continuity of residence, in relation to Articles 8 and 9, shall not be impacted by absences as outlined in Article 14(2) and (3).

Article 11

Non-discrimination

Within the framework of this Agreement and without prejudice to any specific provisions contained therein, any discrimination based on nationality as defined in the first subparagraph of Article 18 TFEU shall be prohibited in the host State and the State of work regarding individuals referred to in Article 9 of this Agreement.

TITLE II

RIGHTS AND OBLIGATIONS

CHAPTER 1

Rights related to residence, residence documents

Article 12

Residence rights

1. Union citizens and United Kingdom nationals shall have the right to reside in the host State subject to the limitations and conditions stipulated in Articles 21, 45, or 49 TFEU, and in Article 6(1), Article 7(1)(a), (b), or (c), Article 7(3), Article 14, Article 16(1), or Article 17(1) of Directive 2004/38/EC.

2. Family members who are either Union citizens or United Kingdom nationals shall have the right to reside in the host State as outlined in Article 21 TFEU and in Article 6(1), Article 7(1)(d), Article 12(1) or (3), Article 13(1), Article 14, Article 16(1), or Article 17(3) and (4) of Directive 2004/38/EC.

3. Family members who are neither Union citizens nor United Kingdom nationals shall have the right to reside in the host State as set out in Article 6(2), Article 7(2), Article 12(2) or (3), Article 13(2), Article 14, Article 16(2), Article 17(3) or (4), or Article 18 of Directive 2004/38/EC.

4. The host State is prohibited from imposing any limitations or conditions beyond those specified in this Title on the individuals mentioned in paragraphs 1, 2, and 3 concerning the acquisition, retention, or loss of residence rights. No discretion shall be exercised in applying these limitations and conditions, except when it favors the individual in question.

Article 13

Right of exit and of entry

1. Union citizens, United Kingdom nationals, and their respective family members shall have the right to leave and re-enter the host State with a valid passport or national identity card (for Union citizens and United Kingdom nationals), and a valid passport (for their respective family members who are not Union citizens or United Kingdom nationals) as stipulated in Articles 4(1) and 5(1) of Directive 2004/38/EC. Individuals holding a valid residence document issued according to Article 17 or 24 of this Agreement shall not be required to obtain an exit or entry visa or any equivalent formality.

2. If the host State mandates entry visas for family members joining a Union citizen or United Kingdom national after the effective date of this Agreement, the host State shall grant such individuals every assistance in securing the necessary visas. These visas shall be issued without charge, promptly, and through an expedited process.

Article 14

Right of permanent residence

1. Union citizens, United Kingdom nationals, and their respective family members who have legally resided in the host State for five consecutive years under Union law, or for the period specified in Article 17 of Directive 2004/38/EC, shall be entitled to permanent residence in the host State as outlined in Articles 16, 17, and 18 of Directive 2004/38/EC. Periods of legal residence or work before and after the effective date of this Agreement shall count towards the qualifying period needed to acquire the right of permanent residence.

2. The continuity of residence for the purpose of obtaining the right of permanent residence shall be determined in accordance with Article 16(3) and Article 21 of Directive 2004/38/EC.

3. Once granted, the right of permanent residence can only be revoked if the individual is absent from the host State for five or more consecutive years.

Article 15

Accumulation of periods

Union citizens, United Kingdom nationals, and their respective family members who legally resided in the host State before the effective date of this Agreement under the conditions of Article 7 of Directive 2004/38/EC for less than five years shall be eligible for the right of permanent residence outlined in Article 14 of this Agreement once they have accumulated the necessary periods of residence. Periods of legal residence or work before and after this Agreement’s effective date shall be factored into the calculation of the qualifying period for permanent residence.

Article 16

Status and changes

1. Any change in status, for instance from student to worker, worker to economically inactive, or economically inactive to student, shall not affect the right of Union citizens, United Kingdom nationals, and their respective family members to directly invoke this Title.

2. Rights granted under this Title to family members who were dependents of Union citizens or United Kingdom nationals before the effective date of this Agreement shall be retained even if they cease to be dependents after taking up employment or self-employment in the host State.

Article 17

Issuance of residence documents

1. The host State reserves the right to request that Union citizens or United Kingdom nationals and their respective family members residing within its territory, in accordance with the conditions outlined in this Title, apply for a new residence document to exercise the rights granted under this Title, subject to the following conditions:

(a) the objective of the application process shall be to ascertain if the applicant falls within the personal scope defined in Article 9 and qualifies for the residence rights outlined in this Title. If so, the applicant shall be entitled to receive the residence document;

(b) the deadline for submitting the residence document application shall not be less than two years from the effective date of this Agreement or the date of arrival in the host State, whichever is later. A certificate confirming the application for the residence document shall be issued promptly;

(c) the application submission deadline mentioned in point (b) shall be automatically extended by one year if the Union or the United Kingdom notifies the other party that technical difficulties prevent the host State from either registering the application or issuing the application certificate referred to in point (b). The host State shall publicly announce the notification and provide timely and appropriate information to the affected citizens or nationals;

(d) if individuals fail to meet the application submission deadline referred to in point (b), the relevant authorities shall evaluate all circumstances and reasons for missing the deadline. These authorities shall allow such individuals to submit an application within a reasonable timeframe unless the application is clearly intended for abuse;

(e) the host State shall ensure that the administrative processes for residence document applications are straightforward, transparent, and uncomplicated, and that any unnecessary administrative burdens are eliminated;

(f) application forms shall be concise, simple, user-friendly, and adapted to the context of this Agreement; applications submitted simultaneously by families shall be processed together;

(g) the residence document shall be provided free of charge or for a fee not exceeding that charged to citizens or nationals for comparable documents;

(h) individuals possessing a valid permanent residence document issued under Article 19 or 20 of Directive 2004/38/EC, or a valid domestic immigration document granting a permanent right to reside in the host State before this Agreement’s effective date, shall have the right to exchange that document for a new residence document within two years of this Agreement’s effective date. This exchange is contingent upon identity verification, a criminality and security check as per point (p) of this paragraph, and confirmation of continued residence. The new document shall be issued without charge;

(i) applicant identity shall be verified through the presentation of a valid passport or national identity card (for Union citizens and United Kingdom nationals) and a valid passport (for their respective family members who are not Union citizens or United Kingdom nationals). Acceptance of these identity documents shall not be subject to any criteria other than their validity. If the competent authorities of the host State retain the identity document while the application is being processed, the host State shall return the document upon request without delay and before a decision on the application is made;

(j) supporting documents, other than identity documents, such as civil status documents, may be submitted as copies;

(k) in addition to the identity documents mentioned in point (i) of this paragraph, the host State may only require Union citizens and United Kingdom nationals to present the following supporting documents as outlined in Article 8(3) of Directive 2004/38/EC:

(i) if residing in the host State as workers or self-employed individuals in accordance with Article 7(1)(a) of Directive 2004/38/EC, proof of employment from the employer or a certificate of employment, or proof of self-employment;

(ii) if residing in the host State as economically inactive persons under Article 7(1)(b) of Directive 2004/38/EC, evidence of sufficient financial resources for themselves and their family members to avoid becoming a burden on the host State’s social assistance system during their stay, and documentation of comprehensive sickness insurance coverage in the host State;

(iii) if residing in the host State as students under Article 7(1)(c) of Directive 2004/38/EC, proof of enrollment at an accredited institution, documentation of comprehensive sickness insurance coverage, and a declaration or its equivalent confirming sufficient financial resources for themselves and their family members to avoid becoming a burden on the host State’s social assistance system during their stay. The host State is prohibited from requiring a specific amount of resources in this declaration.

The condition of sufficient resources shall be subject to Article 8(4) of Directive 2004/38/EC;

(l) in addition to the identity documents mentioned in point (i) of this paragraph, the host State may only require family members falling under Articles 9(1)(e)(i) or 9(2) of this Agreement and residing in the host State in accordance with Article 7(1)(d) or 7(2) of Directive 2004/38/EC to present the following supporting documents as specified in Articles 8(5) or 10(2) of Directive 2004/38/EC:

(i) a document confirming the existence of a family relationship or registered partnership;

(ii) the registration certificate or, if no registration system exists, any other proof of residence in the host State of the Union citizen or United Kingdom national with whom they reside;

(iii) for direct descendants under the age of 21 or who are dependents, and for dependent direct relatives in the ascending line, as well as for those of the spouse or registered partner, documentary evidence demonstrating that the conditions outlined in Article 2(2)(c) or (d) of Directive 2004/38/EC are met;

(iv) for individuals referred to in Article 9(2) of this Agreement, a document issued by the relevant authority in the host State in accordance with Article 3(2) of Directive 2004/38/EC.

The condition of sufficient resources concerning family members who are themselves Union citizens or United Kingdom nationals shall be subject to Article 8(4) of Directive 2004/38/EC;

(m) in addition to the identity documents mentioned in point (i) of this paragraph, the host State may only require family members falling under Articles 9(1)(e)(ii) or 9(3) of this Agreement to submit the following supporting documents as detailed in Articles 8(5) and 10(2) of Directive 2004/38/EC:

(i) a document validating the existence of a family relationship or registered partnership;

(ii) the registration certificate or, in the absence of a registration system, any other proof of residence in the host State of the Union citizen or the United Kingdom national they are joining in the host State;

(iii) for spouses or registered partners, a document attesting to the existence of a family relationship or registered partnership before this Agreement’s effective date;

(iv) for direct descendants under the age of 21 or dependents, and for dependent direct relatives in the ascending line, as well as for those of the spouse or registered partner, documentary evidence proving their relationship with Union citizens or United Kingdom nationals before the effective date of this Agreement and demonstrating their compliance with the age or dependency conditions outlined in Article 2(2)(c) or (d) of Directive 2004/38/EC;

(v) for individuals referred to in Article 9(3) of this Agreement, evidence that a durable relationship with Union citizens or United Kingdom nationals existed before the effective date of this Agreement and persists;

(n) for situations other than those outlined in points (k), (l), and (m), the host State shall not demand that applicants present supporting documents exceeding what is strictly necessary and proportionate to prove that the conditions for the right of residence under this Title have been satisfied;

(o) the relevant authorities of the host State shall assist applicants in proving their eligibility and help them avoid errors or omissions in their applications. Applicants shall be given the opportunity to provide supplementary evidence and rectify any shortcomings, errors, or omissions;

(p) criminality and security checks may be systematically conducted on applicants with the sole purpose of verifying the applicability of restrictions outlined in Article 18 of this Agreement. To this end, applicants may be requested to declare past criminal convictions appearing in their criminal records, as per the law of the State where the conviction occurred, at the time of application. Should it be deemed essential, the host State may implement the procedure detailed in Article 27(3) of Directive 2004/38/EC to inquire about previous criminal records from other States;

(q) the new residence document shall include a statement confirming its issuance in accordance with this Agreement;

(r) the applicant shall have access to judicial and, where appropriate, administrative redress procedures in the host State for any decision to refuse the residence document. These redress procedures shall facilitate an examination of the decision’s legality, as well as the facts and circumstances upon which the proposed decision is based, ensuring its proportionality.

2. During the two-year period outlined in point (b) of paragraph 1 of this Article and its potential one-year extension under point (c) of paragraph 1, all rights stipulated in this Part shall be deemed applicable to Union citizens or United Kingdom nationals and their respective family members residing in the host State, provided they meet the conditions set out in this Title.

3. Pending a definitive decision by the competent authorities on any application mentioned in paragraph 1, as well as a final judgment in case of judicial redress sought against any rejection of such application by the administrative authorities, all rights provided for in this Part, including Article 19 on safeguards and right of appeal, shall be deemed applicable to the applicant.

4. In situations where a host State chooses not to require Union citizens or United Kingdom nationals and their respective family members to apply for the new residence document mentioned in paragraph 1 as a condition for legal residency, those Union citizens, United Kingdom nationals, and their eligible family members shall have the right to receive a residence document stating its issuance in accordance with this Agreement.

Article 18

Restrictions of the right of residence

1. Any conduct of Union citizens or United Kingdom nationals or their respective family members that occurred before the effective date of this Agreement shall be assessed in accordance with Chapter VI of Directive 2004/38/EC.

2. The host State may, under its national legislation, restrict the right of residence based on the conduct of Union citizens or United Kingdom nationals, or their respective family members, that occurred after this Agreement’s effective date.

3. The host State reserves the right to implement necessary measures to deny, revoke, or withdraw any right granted by this Title in cases of abuse of those rights or fraud, as stipulated in Article 35 of Directive 2004/38/EC. Such measures shall be subject to the procedural safeguards outlined in Article 19 of this Agreement.

4. The host State retains the right to remove applicants who submitted fraudulent or abusive applications from its territory, even before a final judgment is issued in case of judicial redress sought against any rejection of such applications, following the conditions stipulated in Directive 2004/38/EC, particularly Articles 31 and 35.

Article 19

Safeguards and right of appeal

The safeguards detailed in Article 15 and Chapter VI of Directive 2004/38/EC shall apply to any decision made by the host State that limits the residence rights of the individuals mentioned in Article 9 of this Agreement.

Article 20

Related rights

In accordance with Article 23 of Directive 2004/38/EC, and regardless of nationality, family members of a Union citizen or a United Kingdom national who have the right of residence or the right of permanent residence in the host State or the State of work shall be permitted to engage in employment or self-employment there.

Article 21

Equal treatment

1. In accordance with Article 24 of Directive 2004/38/EC, and subject to specific provisions stipulated in Titles I, II, and IV of this Part, all Union citizens or United Kingdom nationals residing in the territory of the host State on the basis of this Agreement shall be treated equally to nationals of that State within the scope of this Agreement. This right shall also extend to family members of Union citizens or United Kingdom nationals who have the right of residence or permanent residence.

2. As an exception to paragraph 1, the host State shall not be obligated to provide entitlement to social assistance during residence periods under Articles 6 or 14(4)(b) of Directive 2004/38/EC. Moreover, it shall not be obligated, before the acquisition of the right of permanent residence according to Article 14 of this Agreement, to grant maintenance aid for studies, including vocational training (in the form of student grants or loans), to individuals other than workers, self-employed individuals, those retaining such status, and their family members.

CHAPTER 2

Rights of workers and self-employed persons

Article 22

Rights of workers

1. Workers in the host State and frontier workers in their State or States of work shall have the following rights:

(a) subject to the limitations defined in Article 45(3) and 45(4) TFEU:

(i) the right, as per Article 45(2) TFEU, not to face discrimination based on nationality regarding employment, remuneration, and other working conditions;

(ii) the rights outlined in Article 45(3) TFEU;

(b) the rights stipulated in Regulation (EU) No 492/2011 of the European Parliament and of the Council, including:

(i) the right to take up and pursue an activity under the rules applicable to nationals of the host State or the State of work;

(ii) the right to assistance provided by the employment services of the host State or the State of work, equivalent to that offered to their own nationals;

(iii) the right to equal treatment in terms of employment and working conditions, particularly regarding remuneration, dismissal, and in cases of unemployment, reinstatement, or re-employment;

(iv) the right to tax and social advantages;

(v) collective rights;

(vi) the rights and benefits granted to national workers in housing matters;

(vii) the right for their children to be admitted to general education, apprenticeships, and vocational training programs under the same conditions as nationals of the host State or the State of work.

2. If a direct descendant of a worker who no longer resides in the host State is pursuing education in that State, the primary caregiver of that descendant shall have the right to reside in that State until the descendant reaches the age of majority. This right extends beyond the age of majority if the descendant requires the continued presence and care of the primary caregiver to pursue and complete their education.

3. Employed frontier workers shall retain the rights they held as workers in their State or States of work, including the right to enter and exit that State in accordance with Article 13.

Article