This report covers a recently published order by the French government that concerns the rights and entitlements, and condition in respect of U.K. nationals in France following a no-deal Brexit.
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We recently reported that France’s parliament voted to authorize the French government to move forward on formulating and implementing a package of measures to prepare for a “no-deal” Brexit situation (see GMS Flash Alert 2019-014, 28 January 2019). On February 6, 2019, the government published an order to implement new measures.
As announced, the new order implements various measures relating to entry, residence, social rights, and professional activities of/by U.K. nationals in France at the time of a no-deal Brexit and those who enter France subsequently.1
This order shall enter into force on the date of the withdrawal of the United Kingdom from the European Union (EU) in case of a no-deal Brexit.
After Brexit, U.K. citizens are no longer EU citizens and thus can no longer claim residence in an EU or European Economic Area (EEA) member state on the basis of the EU treaty. As a result, they will be subject to rules and conditions similar to those afforded third-country nationals in France and the rest of the EU. The measures the French government is planning should help address many of the uncertainties and concerns in respect of U.K. citizens living and working in France in the event of a no-deal Brexit and aim to help clarify and assure their rights following March 29, 2019.
Two Brexit scenarios are possible:
At this stage, British Prime Minister Theresa May is trying to persuade her European colleagues to amend the Withdrawal Agreement2 in order to be able to secure enough votes for it to be approved by a majority in the House of Commons. If there is no agreement on the withdrawal of the United Kingdom from the EU, the U.K. will leave the EU with no deal on March 29, 2019.
The measures taken by the French government concern U.K. nationals who regularly reside in France on the date of withdrawal from the EU (March 29, 2019). The new measures are as follows:
In both cases, a deadline for submitting the residence permit application will be fixed by decree. Specific documents will be requested in each situation.
It is important to note that the order includes a reciprocity clause allowing the suspension of its application if the United Kingdom does not adopt equivalent measures.
This situation remains very fluid at this stage and Fidal will endeavor to keep readers informed when additional measures are adopted and as developments occur.
1 To see (in French) Ordonnance n° 2019-76 du 6 février 2019 in the Journal Officiel n°0032 du 7 février 2019 texte n° 30, click here.
2 See “Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, as agreed at negotiators' level on 14 November 2018," on the Web site for the European Commission. Also see the European Commission’s Press Release “Joint statement on behalf of President Juncker and Prime Minister May” (7 February 2019).
* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by FIDAL Direction Internationale in France.
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