UK Immigration: Government Issues Guidance For EU Nationals In No-Deal Brexit Scenario

Author:Ms Deirdre Murphy
Profession:Seyfarth Shaw LLP
 
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The following alert is directed to organizations with a presence in the UK or who anticipate the need to place talent at a UK work site.

Seyfarth Shaw's Global Mobility Practice hosts attorneys licensed to practice in the UK, Canada, Ireland and Germany. The group has the capability to assist clients with obtaining work and residence visas for over 70 jurisdictions around the world. If we can assist you in placing talent, please call your Seyfarth attorney. We will be happy to help you.

Seyfarth Synopsis: On January 28, 2019, the UK government issued guidance in relation to the rights of EU nationals in the event of a no-deal Brexit. The proposals, subject to parliamentary approval, allow for a transition period, introduce a new European Temporary Leave to Remain status and clarify the right to work check compliance requirements.

The Proposals: Interim Period and European Temporary Leave to Remain

The guidance issued by the government clarifies the rights of EU nationals who enter the UK after March 29, 2019 in a no-deal Brexit scenario. The following proposals are subject to parliamentary approval.

EU nationals would be permitted to enter the UK after March 29, 2019 up until December 31, 2020 without a visa and remain for three months. Work and study are permitted. If the EU national wishes to remain for longer than three months, they must apply for European Temporary Leave to Remain and will be granted 36 months. Work and study are permitted. It will not be possible to extend the European Temporary Leave to Remain status and it does not lead to Settlement Status. If the EU national wishes to remain in the UK for more than 36 months, they must apply under the new immigration system which will come into effect on January 1, 2021. The details of this new system have not yet been confirmed. EU nationals who do not qualify under the new immigration system must depart the UK when their European Temporary Leave to Remain expires. Irish citizens will continue to have the right to reside and work in the UK and will not be required to apply under the European Temporary Leave to Remain...

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