Get The Visibility Your Company Needs
Reduce compliance risks and mobility costs while managing individual and project-related travel with ImmiSMART: the solution that unifies your travel and mobility programs.
BREXIT: What Next for EU and UK Citizens?
April 11, 2019
Background
On 23 June 2016, the UK held a referendum asking voters in England, Scotland, Wales and Northern Ireland if they wanted to remain a member of, or to leave, the EU. 51.89% of UK voters voted to leave the EU.
The UK government triggered the Article 50 process, establishing an exit date of 29 March 2019. On 25 November 2018, the EU and the UK government endorsed a draft Withdrawal Agreement and an outline Political Declaration on the future relationship. However, the agreement was rejected in votes in the UK House of Commons on 15 January 2019 and 12 March 2019.
On 21 March 2019, the Prime Minister and the EU agreed an extension of the Article 50 period, until 22 May 2019 if the withdrawal agreement was approved by Parliament by 29 March 2019 (it was not approved); or until 12 April 2019, by which the UK had to present the EU with a way forward or leave with no deal.
[UPDATE] On 10 April 2019, the EU and the UK agreed a new, flexible extension, until 31 October 2019.
There are still several possible outcomes:
- The UK and the EU could ratify the Withdrawal Agreement by 31 October 2019. In this case, the UK would leave the EU in an orderly manner on the first day of the month following ratification; or
- There could be a no-deal Brexit on 1 June 2019 if the UK fails to ratify the Withdrawal Agreement by 22 May 2019 and also fails to properly hold European Parliament elections on 23-26 May 2019; or
- There could be a no-deal Brexit on 1 November 2019, if the UK fails to ratify the Withdrawal Agreement by 31 October 2019; or
- The UK government could request another extension of the Article 50 period before 31 October 2019; or
- The UK government could unilaterally revoke Article 50, effectively cancelling Brexit.
Here we look at possible outcomes for EU citizens and UK nationals, with and without a ratified Withdrawal Agreement.
Brexit with Withdrawal Agreement |
|
If the/a deal is eventually ratified, free movement will continue until the end of the transition period (31 December 2020 unless extended).
Note that the UK has reached separate agreements with the EEA EFTA states (Iceland, Liechtenstein and Norway), as well as with Switzerland, on protecting citizens’ rights after Brexit. |
|
EU Citizens in the UK
|
|
UK Nationals in the EU
|
|
No-Deal Brexit – EU Citizens in the UK |
|
Existing Residents
|
On 6 December 2018, the government published a policy paper outlining the UK government’s proposals for protecting EU citizens’ rights in case the UK leaves the EU without an agreed and ratified withdrawal deal.
In a no-deal Brexit scenario, with no transition period, the EU Settlement Scheme will still operate but the cut-off dates will be brought forward:
Other differences in the case of no deal include:
|
New Arrivals
|
On 28 January 2019, the UK Home Office published a policy paper outlining its proposals for how it will treat EU citizens arriving in the UK after a no-deal Brexit.
According to these proposals, subject to parliamentary approval of the necessary legislation in the event that the UK leaves the EU without a ratified withdrawal agreement, temporary, transitional arrangements will apply from Brexit day until 31 December 2020, after which a new immigration regime will be implemented. This means the UK would unilaterally grant EU citizens arriving after Brexit largely the same rights as entrants before Brexit, until the new immigration rules take effect, including the right to enter, stay, work and study, bring family and access benefits, only not backed by the legal authority of the European Court of Justice. However, as the EU Settlement Scheme would not apply to new arrivals (in a no-deal scenario), their long-term rights would depend on a further unilateral offer from the UK, bilateral agreements with individual member states or a future relationship agreement with the EU. See our analysis of these no-deal temporary transitional arrangements. |
No-Deal Brexit – UK Nationals in the EU |
If the UK leaves the EU without a ratified Withdrawal Agreement, then UK nationals will become third-country (non-EU) nationals immediately:
EU member states are in the process of establishing emergency arrangements for British citizens in the case of a no-deal Brexit, often with the proviso that a reciprocal offer by the UK is confirmed. Please see our separate article highlighting these national measures here. |
Our Advice
- To avoid problems in a no-deal Brexit scenario, ensure all UK employees residing in an EU member state, and EU citizens resident in the UK, and their family members, have submitted registration applications (where applicable) by Brexit day;
- Affected employees should begin gathering documents in support of possible future immigration applications. These documents may include copies of passport data pages, marriage and birth certificates for accompanying family members, employment contracts or assignment letters, CV/resume, current job description, educational certificates, police clearance certificates, rental contract, proof of health insurance and payslips;
- If possible, bring forward any planned movements of UK nationals to the EU and EU citizens to the UK;
- Be prepared for possible lengthy immigration application requirements in any eventual no-deal outcome.
Employers who may be affected are encouraged to contact their Newland Chase immigration specialist for case-specific advice.
For advice and information on immigration to the UK or to any EU member state in general, please contact us.
Plus, ensure that your business is equipped with the very latest breaking news on what Brexit means for migration by visiting Newland Chase’s dedicated online educational resource.