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Changes to EU Citizen Residency and Candidacy Rights

What is the change?

From 7 May 2024 there were changes to the voting and candidacy rights for European Union (EU) citizens which have been introduced under the Elections Act 2022. These changes are as a result of the UK's departure from the European Union.

The changes relate to Local Elections and Police and Crime Commissioner Elections in England. 

Which EU Citizens will be able to stand and vote?

EU electors will now be split into two categories with the following criteria:

  • Qualifying Rights: EU Citizens a country which have a bilateral voting treating for it's citizens. These are citizens of the countries of Denmark, Luxembourg, Poland, Portugal and Spain who:
    • are a resident in the UK
    • has permission to enter or stay in the UK, Channel Islands or Isle of Man
    • does not need permission
  • Retained Rights: EU Citizens who were already resident in the UK on or before the EU implementation period completion date of 31 December 2020 who:
    • were legally resident in the UK
    • had permission to enter or stay in the UK, Channel Islands or Isle of Man 
    • did not need permission, and this has been continued without a break (unbroken lawful immigration).

EU Citizens who fall into either of these categories will be eligible to stand as a candidate or register to vote in Local Elections and Police and Crime Commissioner Elections. They are not entitled to vote or stand in UK Parliamentary Elections. 

Requirement to conduct a review of current EU electors on electoral register

The Electoral Registration Officer is required to review the eligibility of all EU electors by the 31 January 2025. The review will involve contacting EU Citizens to advise they either meet the new requirements or to tell them:

  • that they are not required to do anything else and remain eligible to register and vote
  • we're not sure if they meet the new eligibility requirements and to provide information to confirm they're eligible. 

If you receive communication which advises that you are eligible, you are not required to do anything else.

If we ask you to confirm you meet the new eligibility criteria, you will receive a letter or email asking you to provide a response by either:

  • going online to Gov.uk/eu-voter-reply with your unique 9-digit code
  • complete the paper form and return it to us.

If you fail to respond to the letters or advise that you no longer meet the new eligibility requirements, then you will be automatically removed from the electoral register and no longer eligible to vote in Local Elections or Police and Crime Commissioner Elections. 

Candidacy Rights

Any EU Citizen who was elected before the 7 May 2024 will remain in office for their full term. After the 7 May 2024, EU Citizens standing as candidates must meet the new eligibility criteria being resident in the UK before 31 December 2020 or be from one of the qualifying EU Countries.