Brexit Update: No-Deal Contingency Plans for the EU
  • Last month, the British Parliament rejected the government's Brexit plan by a vote of 432 to 202, creating political uncertainty before the U.K. is set to withdraw from the European Union on March 29. While the U.K. government and Parliament continue to debate next steps and possible options—such as negotiating a new withdrawal agreement, revoking the U.K.'s Article 50 withdrawal, seeking an extension of the withdrawal date, or holding a second referendum—the likelihood that the U.K. could leave the EU without a deal has increased significantly.

    In December, the EU Commission sent a notice to member states urging them to adopt measures to protect citizens' rights in case of a no-deal Brexit. In recent weeks, governments of EU countries have been preparing for contingency plans to address the status of U.K. citizens and their work and residency rights if the U.K. leaves the EU without a withdrawal agreement.
    The following countries have outlined U.K. citizens' rights under a no-deal scenario:

    Belgium

    The Belgian government has drafted legislation which would administer the status of U.K. citizens in Belgium in the event of a "no-deal" Brexit. If no deal is reached, Belgium will apply a transition period from March 30, 2019 to Dec. 31, 2020, during which U.K. citizens living in Belgium and their family members would be able to continue residing in Belgium based on their current status. The legislation does not include specific provisions on work authorization but it is anticipated that U.K. nationals would continue having access to the Belgian labor market similar to EU nationals during the transition period.

    Czech Republic

    The Czech Republic is drafting emergency laws that would provide U.K. citizens a full transition period until Dec. 31, 2020, to retain their rights to live and work in the Czech Republic. The contingency will only take effect if there is no deal, and if the U.K. agrees to a reciprocal treatment of Czech citizens in its country.

    Denmark

    The Danish government has ensured that British citizens who are currently living and working in Denmark will retain rights to certain social services as third-country nationals. While no specific legislative measures have been announced regarding the implications of a no-deal Brexit for British citizens, the government plans to introduce a bill in the second half of February which would establish a temporary transitional regime for U.K. nationals currently residing in Denmark, given that the U.K. has yet to reach a withdrawal agreement with the EU. Specific plans are expected to be announced in the coming weeks.

    France

    On Jan. 17, the French Senate authorized the government to legislate by emergency decree if necessitated by a no-deal Brexit. One of the decrees that is expected to be issued in coming days will provide for a one-year transition period to allow U.K. citizens in France to remain in the country and apply for residence permits.

    Germany

    The German government has announced that British citizens will retain their residence rights for at least three months following a no-deal Brexit, an effort that will allow British citizens time to apply for the necessary work and resident status. British citizens living and working in Germany are advised to register with their local foreigners' authority before March 29 if they have not already done so.

    Ireland

    Both Ireland and the U.K. have agreed to keep the Common Travel Area (CTA) agreement in place after Brexit. The CTA provides reciprocal rights to Irish citizens and U.K. citizens to study, work and reside in each other's countries on the basis of their passport and without further immigration processing, such as work or residence permitting procedures. The CTA, however, does not cover a non-EEA spouse (husband or wife) and children of U.K./Irish nationals. Ireland is also working toward introducing measures to address these family dependents in the event of a no-deal Brexit.

    Italy

    The Italian government has drafted legislative measures in case of a no-deal Brexit that would ensure that British citizens remain legal residents in the country for at least three months, and have enough time to apply for long-term residence status. In the meantime, British citizens living and working in Italy are urged to register with their local immigration office before March 29.

    The Netherlands

    The government has announced a no-deal contingency plan that includes a national transition period until July 1, 2020, during which the status quo will remain, and U.K. nationals and their family members may continue to work, live and study in the Netherlands. During this transitional period, all U.K. nationals will be required to apply for a new national resident permit, which will be based on the same conditions that apply to EU citizens. U.K. nationals in the Netherlands should confirm that they are registered with the municipality of their Dutch residence and that the Municipal Personal Records Database contains their correct address, as the address on file will be used to mail important communications about their rights.

    Poland

    Poland is drafting a law providing for a one-year transition period for U.K. citizens in the event of a no-deal Brexit. U.K. citizens in Poland must register before March 29 and obtain a mandatory certificate demonstrating legal residency to qualify for temporary or permanent residency during this transition. Designated U.K. nationals who have been in Poland for at least five years would be eligible for permanent residency, and registered U.K. nationals who have been in Poland for less than five years would be eligible for a three-year temporary residence permit. The deadline for applying for residency would be March 30, 2020. The permits would be marked "Brexit" to be distinguished from regular residence permits.

    Spain

    Spain's Council of Ministers released its "Report on the Contingency Plan in the event of a Brexit without a UK-EU Deal" on Jan. 11. The report outlines legislative measures that would ensure U.K. citizens living in Spain legal residence status post-Brexit. Furthermore, the legislation would guarantee that British citizens maintain certain social rights, such as social security, healthcare, studies, and university degree validations and professional qualifications, among others. More details will be released in the coming weeks, as the government is expected to present a final draft of the Royal Decree-Law in February.

    Sweden

    Sweden has introduced a proposed memorandum that would provide a one-year transition period during which U.K. citizens currently living and working in Sweden would retain their rights. The memorandum proposes legislative amendments making it easier for U.K. citizens and their family members to apply for residency and work permits, and allows U.K. nationals to count their time of legal residency in Sweden toward a long-term residence application.

    Switzerland

    Switzerland's Federal Council has approved an agreement which allows U.K. nationals registered in Switzerland, as well as their dependents, to preserve their status under the EU-Switzerland agreement on the Free Movement of Persons in the case of a no-deal Brexit. The agreement will need to be signed by the Swiss Parliament and approved by the Federal Assembly to be ratified into law.

    This post has been provided by Berry Appleman & Leiden (BAL) Corporate Immigration. For more information please contact: Kristi Paulsen - Relocation Today or Jennifer Fisher  BAL 

    About Berry Appleman & Leiden LLP

    Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seven offices across the U.S. and from offices in Geneva, London, Melbourne, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.


    Source: Berry Appleman & Leiden LLP Copyright © 2019 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com

    About Relocation Today: Relocation Today, Inc. has been joyfully developing and serving corporate clients global relocation needs, supporting recruiting efforts & managing summer intern housing programs since 1994. For more information on services or relocation benefits policy review please contact: Richard Rudeen, Business Development Manager 952.278.0530

     

     

    1. Ministry of Foreign Affairs of Denmark: http://uim.dk/brexit/ingen-aftale/ingen-aftale

    2.Senate of France: https://www.senat.fr/petite-loi-ameli/2018-2019/213.html

    3.Government of France: https://www.gouvernement.fr/la-france-declenche-le-plan-lie-a-un-brexit-sans-accord

    4.German Federal Ministry of the Interior: https://www.bmi.bund.de/SharedDocs/faqs/EN/themen/migration/brexit/faqs-brexit.html

    5.Italian Government, Presidency of the Council of Ministers: http://www.governo.it/articolo/il-governo-italiano-prosegue-la-preparazione-alla-brexit/10585; see also Italian Ministry of Foreign Affairs and International Cooperation: https://www.esteri.it/mae/en/politica_estera/politica_europea/dossier/brexit.html

    6.Government of the Netherlands, Immigration and Naturalisation Service: https://ind.nl/en/Pages/Brexit.aspx

    7.Polish Government Legislation Center: https://legislacja.rcl.gov.pl/projekt/12319905

    8.Government of Spain: http://www.lamoncloa.gob.es/Paginas/index.aspx

    9.Swiss Federal Council: https://www.sem.admin.ch/sem/en/home/themen/fza_schweiz-eu-efta/faq-brexit.html

Brexit Update: No-Deal Contingency Plans for the EU
  • Last month, the British Parliament rejected the government's Brexit plan by a vote of 432 to 202, creating political uncertainty before the U.K. is set to withdraw from the European Union on March 29. While the U.K. government and Parliament continue to debate next steps and possible options—such as negotiating a new withdrawal agreement, revoking the U.K.'s Article 50 withdrawal, seeking an extension of the withdrawal date, or holding a second referendum—the likelihood that the U.K. could leave the EU without a deal has increased significantly.

    In December, the EU Commission sent a notice to member states urging them to adopt measures to protect citizens' rights in case of a no-deal Brexit. In recent weeks, governments of EU countries have been preparing for contingency plans to address the status of U.K. citizens and their work and residency rights if the U.K. leaves the EU without a withdrawal agreement.
    The following countries have outlined U.K. citizens' rights under a no-deal scenario:

    Belgium

    The Belgian government has drafted legislation which would administer the status of U.K. citizens in Belgium in the event of a "no-deal" Brexit. If no deal is reached, Belgium will apply a transition period from March 30, 2019 to Dec. 31, 2020, during which U.K. citizens living in Belgium and their family members would be able to continue residing in Belgium based on their current status. The legislation does not include specific provisions on work authorization but it is anticipated that U.K. nationals would continue having access to the Belgian labor market similar to EU nationals during the transition period.

    Czech Republic

    The Czech Republic is drafting emergency laws that would provide U.K. citizens a full transition period until Dec. 31, 2020, to retain their rights to live and work in the Czech Republic. The contingency will only take effect if there is no deal, and if the U.K. agrees to a reciprocal treatment of Czech citizens in its country.

    Denmark

    The Danish government has ensured that British citizens who are currently living and working in Denmark will retain rights to certain social services as third-country nationals. While no specific legislative measures have been announced regarding the implications of a no-deal Brexit for British citizens, the government plans to introduce a bill in the second half of February which would establish a temporary transitional regime for U.K. nationals currently residing in Denmark, given that the U.K. has yet to reach a withdrawal agreement with the EU. Specific plans are expected to be announced in the coming weeks.

    France

    On Jan. 17, the French Senate authorized the government to legislate by emergency decree if necessitated by a no-deal Brexit. One of the decrees that is expected to be issued in coming days will provide for a one-year transition period to allow U.K. citizens in France to remain in the country and apply for residence permits.

    Germany

    The German government has announced that British citizens will retain their residence rights for at least three months following a no-deal Brexit, an effort that will allow British citizens time to apply for the necessary work and resident status. British citizens living and working in Germany are advised to register with their local foreigners' authority before March 29 if they have not already done so.

    Ireland

    Both Ireland and the U.K. have agreed to keep the Common Travel Area (CTA) agreement in place after Brexit. The CTA provides reciprocal rights to Irish citizens and U.K. citizens to study, work and reside in each other's countries on the basis of their passport and without further immigration processing, such as work or residence permitting procedures. The CTA, however, does not cover a non-EEA spouse (husband or wife) and children of U.K./Irish nationals. Ireland is also working toward introducing measures to address these family dependents in the event of a no-deal Brexit.

    Italy

    The Italian government has drafted legislative measures in case of a no-deal Brexit that would ensure that British citizens remain legal residents in the country for at least three months, and have enough time to apply for long-term residence status. In the meantime, British citizens living and working in Italy are urged to register with their local immigration office before March 29.

    The Netherlands

    The government has announced a no-deal contingency plan that includes a national transition period until July 1, 2020, during which the status quo will remain, and U.K. nationals and their family members may continue to work, live and study in the Netherlands. During this transitional period, all U.K. nationals will be required to apply for a new national resident permit, which will be based on the same conditions that apply to EU citizens. U.K. nationals in the Netherlands should confirm that they are registered with the municipality of their Dutch residence and that the Municipal Personal Records Database contains their correct address, as the address on file will be used to mail important communications about their rights.

    Poland

    Poland is drafting a law providing for a one-year transition period for U.K. citizens in the event of a no-deal Brexit. U.K. citizens in Poland must register before March 29 and obtain a mandatory certificate demonstrating legal residency to qualify for temporary or permanent residency during this transition. Designated U.K. nationals who have been in Poland for at least five years would be eligible for permanent residency, and registered U.K. nationals who have been in Poland for less than five years would be eligible for a three-year temporary residence permit. The deadline for applying for residency would be March 30, 2020. The permits would be marked "Brexit" to be distinguished from regular residence permits.

    Spain

    Spain's Council of Ministers released its "Report on the Contingency Plan in the event of a Brexit without a UK-EU Deal" on Jan. 11. The report outlines legislative measures that would ensure U.K. citizens living in Spain legal residence status post-Brexit. Furthermore, the legislation would guarantee that British citizens maintain certain social rights, such as social security, healthcare, studies, and university degree validations and professional qualifications, among others. More details will be released in the coming weeks, as the government is expected to present a final draft of the Royal Decree-Law in February.

    Sweden

    Sweden has introduced a proposed memorandum that would provide a one-year transition period during which U.K. citizens currently living and working in Sweden would retain their rights. The memorandum proposes legislative amendments making it easier for U.K. citizens and their family members to apply for residency and work permits, and allows U.K. nationals to count their time of legal residency in Sweden toward a long-term residence application.

    Switzerland

    Switzerland's Federal Council has approved an agreement which allows U.K. nationals registered in Switzerland, as well as their dependents, to preserve their status under the EU-Switzerland agreement on the Free Movement of Persons in the case of a no-deal Brexit. The agreement will need to be signed by the Swiss Parliament and approved by the Federal Assembly to be ratified into law.

    This post has been provided by Berry Appleman & Leiden (BAL) Corporate Immigration. For more information please contact: Kristi Paulsen - Relocation Today or Jennifer Fisher  BAL 

    About Berry Appleman & Leiden LLP

    Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seven offices across the U.S. and from offices in Geneva, London, Melbourne, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.


    Source: Berry Appleman & Leiden LLP Copyright © 2019 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com

    About Relocation Today: Relocation Today, Inc. has been joyfully developing and serving corporate clients global relocation needs, supporting recruiting efforts & managing summer intern housing programs since 1994. For more information on services or relocation benefits policy review please contact: Richard Rudeen, Business Development Manager 952.278.0530

     

     

    1. Ministry of Foreign Affairs of Denmark: http://uim.dk/brexit/ingen-aftale/ingen-aftale

    2.Senate of France: https://www.senat.fr/petite-loi-ameli/2018-2019/213.html

    3.Government of France: https://www.gouvernement.fr/la-france-declenche-le-plan-lie-a-un-brexit-sans-accord

    4.German Federal Ministry of the Interior: https://www.bmi.bund.de/SharedDocs/faqs/EN/themen/migration/brexit/faqs-brexit.html

    5.Italian Government, Presidency of the Council of Ministers: http://www.governo.it/articolo/il-governo-italiano-prosegue-la-preparazione-alla-brexit/10585; see also Italian Ministry of Foreign Affairs and International Cooperation: https://www.esteri.it/mae/en/politica_estera/politica_europea/dossier/brexit.html

    6.Government of the Netherlands, Immigration and Naturalisation Service: https://ind.nl/en/Pages/Brexit.aspx

    7.Polish Government Legislation Center: https://legislacja.rcl.gov.pl/projekt/12319905

    8.Government of Spain: http://www.lamoncloa.gob.es/Paginas/index.aspx

    9.Swiss Federal Council: https://www.sem.admin.ch/sem/en/home/themen/fza_schweiz-eu-efta/faq-brexit.html