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Immigration


21 December 2017

UNITED KINGDOM: Significant update on Brexit Negotiations 

A joint report has been published by the UK and EU Brexit negotiators regarding the ongoing negotiations of the withdrawal from the EU of the UK. In particular, there are updates regarding the rights of EU nationals living in the UK and UK nationals living in the EU. Apart from residence rights, family reunion and how the rights should be implemented were also featured.

Some of the notable points to come out of the report include the following:

•  Cut-off date set as 29 March 2019, which is the current date that the UK will withdraw from the EU;
•  EU nationals residing in the UK and UK nationals residing in the EU before the cut off date will have the right to stay;
•  Those who have resided in the host country for 5 continuous years prior to the cut off date will be eligible to apply for settled status (in the UK)/permanent residency (in the EU);
•  Document confirming residence rights to be issued but the application must be as simple as possible and the process to follow as closely as possible what would be required under current EU law, any costs involved should be proportionate or ideally none at all;
•  Ireland and the UK will make an agreement between themselves with regards to North Ireland;
•  Any evidence that must be submitted to prove lawful residence should be similar to that currently required under EU law;
•  Family members not residing in the EU or UK before the cut off date will still be afforded the right to join the right holder after the cut off date during the entirety of the right holders life;
•  Those with a long-lasting relationship with an EU or UK national who are not residing in the host country before the cut off date but who can demonstrate their relationship on the cut off date and that it continues shall be facilitated in accordance with national legislation.

Although subject to change later on and with the provision that ‘nothing is agreed until everything is agreed’, the proposed agreements looks promising and provides clarity especially as to the date that rights would change. Ultimately the European Council will have to approve of any agreements and adaptations are also possible during the transition phases.

For the full report please go to the following link: https://ec.europa.eu/commission/sites/beta-political/files/joint_report.pdf

How does this affect the client?

 Employers should continue to keep as up to date as possible with regards to Brexit negotiations and start to look at adjusting their processes accordingly. Since there is more clarity with regards to the cut off date this could help employers to plan movements of EU nationals to the UK and vice versa.

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