The UK Government Elections Act 2022 made changes to EU Citizen’s Voting and Candidacy Rights. Since 7 May 2024, EU citizens are no longer automatically entitled to register to vote or stand as a candidate in certain elections in England, Wales and Northern Ireland. See EU citizens in England: Changes to registration, voting and candidacy rights
Councils need to be mindful that although EU citizens are eligible to serve as parish councillors, they need to meet specific criteria:
Retained Rights: Citizens from countries without a bilateral voting and candidacy rights treaty with the UK who were legally resident in the UK since before December 31, 2020, and have maintained continuous lawful status (e.g., settled or pre-settled status under the EU Settlement Scheme).
Qualifying Citizens: Citizens from EU countries that have a bilateral voting and candidacy rights agreement with the UK. Currently, these countries are Denmark, Luxembourg, Poland, Portugal, and Spain.
It is important to note that EU citizens elected to office before the measures in the Act came into force can remain in office for their full term, irrespective of immigration status or whether they qualify under the new eligibility.
However, if EU citizens want to vote or stand in elections after 7 May 2024, they will need to be either a qualifying EU citizen or an EU citizen with retained rights.
Our Model Council articles have been amended to reflect the changes. Councillors – Qualifying criteria. Co-option – Qualifying criteria.