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IMPACT – HIGH
What is the news? The U.K. government has issued a policy paper confirming the treatment of EU and EEA nationals in the U.K., and U.K. nationals in the EU/EEA, in the event of a “no deal” Brexit.
What does this mean? The negotiated Brexit Withdrawal Agreement provides important protections for EU nationals in the U.K., and U.K. nationals in the EU. It gives all EU nationals already in the U.K. a route to stay permanently via the EU Settlement Scheme and creates an implementation window until Dec. 31, 2020 in which free movement would continue. This agreement has been approved by the U.K. cabinet and by the EU at a recent summit, but must still pass through the U.K. Parliament.
The U.K. government has clarified citizens’ rights and what will change if the Withdrawal Agreement is not passed. EU nationals and family members living in the U.K. before March 29, 2019:
Notably, the policy paper does not deal with EU nationals entering the U.K. after March 29, 2019 but before the new immigration system is implemented on Jan. 1, 2021.
The policy paper also sets out that:
U.K. nationals in the EU:
Analysis & Comments: This policy statement confirms that there will be crucial differences for citizens’ rights in a “no deal” scenario. It should reassure the many EU nationals in the U.K. and their employers that they have a right to stay, and can continue to plan for the EU Settlement Scheme rollout in early 2019 (albeit with a reduced deadline to make their applications by Dec. 31, 2020). The greatest uncertainty is for new arrivals from the EU after Brexit on March 29, 2019, since very little detail has been disclosed as to how they will be treated in a “no deal” scenario.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
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