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Rights of EU nationals in the event of No Deal Brexit

Daniel

Does anyone have a definitive answer on what the employment status will be of EU nationals who arrive after 29th March 2019? The CIPD Brexit Hub is saying that the transition period will last until December 2020 and anyone who arrives during that time will be allowed to apply for settled status. Other websites such as XpertHR are saying that only EU Nationals who are in the country from 29th March 2019 will be able to stay in the event of No Deal. Which is it? 

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  • Hi Daniel

    Apologies for the delayed response as I hadn't seen your question here until I checked this afternoon.

    Under the transitional arrangements that have been agreed with the EU, EU citizens who are already in the UK or arrive before the end of the transitional period in December 2020 will be eligible to apply for settled status provided they meet the length of residency requirements.

    Under a no-deal scenario, the latest policy statement published last week (www.gov.uk/.../policy-paper-on-citizens-rights-in-the-event-of-a-no-deal-brexit) says for those EU citizens that are in the UK by 29 March 2019, what has been previously stated in relation to the EU settlement scheme would continue to apply. The statement doesn't expressly mention the situation for EU citizens arriving during what would be the transitional period. However, the indications we've had from the Home Office is the transitional arrangements for those citizens would still apply. The White Paper on post-Brexit immigration policy is expected shortly and we would look for official clarification on that point there. We will broadcast that information on our Brexit Hub when that comes through.

    Please get in touch with us if you have any further questions.

    Derek
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  • Hi Daniel

    Apologies for the delayed response as I hadn't seen your question here until I checked this afternoon.

    Under the transitional arrangements that have been agreed with the EU, EU citizens who are already in the UK or arrive before the end of the transitional period in December 2020 will be eligible to apply for settled status provided they meet the length of residency requirements.

    Under a no-deal scenario, the latest policy statement published last week (www.gov.uk/.../policy-paper-on-citizens-rights-in-the-event-of-a-no-deal-brexit) says for those EU citizens that are in the UK by 29 March 2019, what has been previously stated in relation to the EU settlement scheme would continue to apply. The statement doesn't expressly mention the situation for EU citizens arriving during what would be the transitional period. However, the indications we've had from the Home Office is the transitional arrangements for those citizens would still apply. The White Paper on post-Brexit immigration policy is expected shortly and we would look for official clarification on that point there. We will broadcast that information on our Brexit Hub when that comes through.

    Please get in touch with us if you have any further questions.

    Derek
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  • in reply to Derek Tong
    hi Derek. I think at the moment the only safe assumption is that only citizens who are resident on 29th March 2019 will be allowed to stay in the event of a No Deal Brexit. I work for a European company and wanted to send a memo to assure our existing staff that their status will be unchanged in the event of No Deal (which is looking increasingly likely at the moment in my opinion). No Deal means no transition, and therefore presumably the cut-off date is 29th March 2019.