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People, mobility & citizens’ rights People, mobility & citizens’ rights

"No Deal" issues & actions required now

UK Nationals

UK Nationals will be subject to the general rules that apply to third country nationals in the EU26 (an EU country other than Ireland).

Action required now

The Common Travel Area and associated rights between the UK and Ireland will continue to operate and apply to Irish and UK nationals. Therefore Irish nationals can continue to enter and work in the UK, and vice versa, without restriction. 

However, the reaction of each of the remaining EU26 will vary. As a consequence, you should investigate the administrative processes that your British employees working in the EU26 will have to take to enable them to evidence their right to continue to live and work in that Member State. You should also consider how you would like to assist your employees with obtaining this evidence.

EU26 Nationals

Every EU26 National in the UK will be required to make an application under the UK’s “Settlement Scheme” by 31 December 2020.

Action required now

Each of your EU26 National employees, who are based in the UK, will have to make an application under the UK’s Settlement Scheme, to evidence their right to live and work in the UK. The scheme will open on 21 January 2019 and will go ahead regardless of whether a withdrawal agreement is ratified.

Businesses should gauge their exposure to Brexit by conducting an immigration audit and make a plan to assist employees to make an application to remain in the UK under the scheme.

“Free Movement” of EU citizens to the UK will end

Action required now

It is unclear what UK immigration policy will replace “Free Movement” in so far as EU citizens are concerned after exit day should a No Deal Brexit arise.

However, businesses should be aware that there may be restrictions and related visa costs with sending British workers to the EU26 Member States and EU26 workers to the UK after 29 March 2019, and factor this into financial and staff resourcing forecasting.