Peers in the House of Lords on Wednesday backed an amendment to the Brexit Bill to guarantee the rights of EU citizens, voting 358 to 256 in favour.
Theresa May's government has vowed to overturn this demand.
The House of Lords Amendment 9B, moved by Labour peer Baroness Hayter of Kentish Town reads in the bill:
Within three months of exercising the power under subsection (1), Ministers of the Crown must bring forward proposals to ensure that citizens of another European Union or European Economic Area country and their family members, who are legally resident in the United Kingdom on the day on which this Act is passed, continue to be treated in the same way with regards to their EU derived-rights and, in the case of residency, their potential to acquire such rights in the future.
This was slightly different to the amendment, New Clause 57, tabled by Labour MP Harriet Harman
Nothing in this Act shall affect the continuation of those residence rights enjoyed by EU citizens lawfully resident in the United Kingdom on 23 June 2016, under or by virtue of Directive 2004/38/EC, after the United Kingdom’s withdrawal from the European Union.
It would ensure that the residence rights of EU citizens, lawfully resident in the United Kingdom on the date of the EU referendum, would not fall away automatically for two years after the notice of withdrawal from the European Union was given.
New Clause 57, the commons vote, was voted down by Tory MPs, 332 to 290.
Jeremy Corbyn whipped his MPs not to defy the passing of the bill, he didn't whip against amendments to the bill.
So while this tweet may on first glance appear hypocritical giving his whip in favour of the bill...
Great news. The government must now do the decent thing and guarantee the rights of EU citizens living in the UK https://t.co/HWJUfxfqRl