Brexit: Expat Brits granted leave to appeal High Court decision

British citizens living outside the UK but in the EU will become 'resident aliens', says Leigh Day

British citizens living in the European Union have been granted leave to appeal a ruling to the Court of Appeal as they seek the right to vote in the upcoming referendum.

Last week, two High Court judges rejected a legal challenge from two Britons against a law that excludes them from voting on the UK's continued membership of the EU on 23 June.

Harry Shindler, a Second World War veteran who lives in Italy, and lawyer and Belgian resident Jacquelyn MacLennan, brought the claim against the UK government's decision to exclude those who have lived elsewhere in the EU for more than 15 years, from the June vote.

Leigh Day, who are representing the claimants, argued that a vote for Brexit would see British citizens lose their status as EU citizens and leave them living and working abroad as 'resident aliens' without the protections of EU law.

The court also heard how the '15-year rule' acted as a penalty against British citizens exercising their free movement rights and prevented them from participating in a democratic process.

However, Lord Justice Lloyd Jones and Mr Justice Blake highlighted practical difficulties about adopting a new electoral register for the referendum, which includes non-resident British citizens whose last residence in the UK was more than 15 years ago.

Leigh Day are seeking an expedited hearing at the Court of Appeal to hear the challenge to the High Court ruling within the next few weeks.