Contact

News & Insights

Expats say they are being “penalised” for freedom of movement

“It might well delay the referendum if we’re successful but it doesn’t have to. There are cases where legislation has been fast-tracked through Parliament in a few days,” said one man, a 94-year-old World War Two veteran currently living in Italy.

A problematic issue

It is an issue that is proving problematic for a Conservative Party already reeling from internal divisions exposed by the referendum debate and the fallout from Iain Duncan Smith’s recent resignation, not least because, in their 2015 manifesto, they pledged to introduce a “votes for life bill” that would abolish the 15-year rule which currently prevents some expats from casting a vote in the referendum.

A group of expats, including the 94-year-old war veteran, have taken the case to the High Court, arguing that the EU Referendum Act breaches their fundamental rights under European Law. It is easy to see why these people feel so unfairly marginalised when they are among the Britons likely to be most affected by the outcome of the June 23 referendum, with many fearful that they will have to revisit all their expat financial services decisions in the event of a Brexit.

“Penalised” for freedom of movement

“Our clients are being penalised for exercising their EU free movement rights,” said one of the lawyers representing the claimants. “The people [the EU Referendum Act] arbitrarily excludes are those UK citizens who are among those most likely to be affected by the decision taken by voters in this referendum.”

The government now has until April 1 to prepare and submit a written response to the legal action; only once this process has been completed will the court be able to decide if and how the case can proceed.

This communication is for informational purposes only and is not intended to constitute, and should not be construed as, investment advice, investment recommendations or investment research. You should seek advice from a professional adviser before embarking on any financial planning activity. Whilst every effort has been made to ensure the information contained in this communication is correct, we are not responsible for any errors or omissions.

Other News

Pension Transfers – the need for advice

Island in the shape of the euro signThe UK government has admitted there are not enough pension transfer specialist advisers to deal with demand, particularly in the case of more complex transfers into overseas pensions. This was the government’s response in March to a consultation launched two years ago, on whether the need to take financial advice, introduced with pension freedoms, created difficulties for overseas residents – residents such as those living in Cyprus wishing to transfer their pension savings from the UK to a qualifying recognised overseas pension scheme (QROPS).

According to data from HM Revenue and Customs (HMRC), there were just short of 10,000 transfers to a QROPS in the 2016/2017 tax year. However, from these, only transfers of more than £30,000 would be subject to the advice requirement.

Read More

Income tax rise for British expats

moneyUnder new plans proposed by the Government, and included in Chancellor of the Exchequer Philip Hammond’s first Autumn Statement, British expatriates with offshore pensions will face a higher income tax rate.

The plans say that those with QROPS (qualifying registered overseas pension schemes) will be subject to the same tax treatment as those with UK pensions, meaning that they will pay 100 per cent instead of their current 90 per cent. There will also be further measures taken to make setting up a QROPS more complex in the future.

Read More

Select your country

Please select your country of residence so we can provide you with the most relevant information: