Further update on EU immigration in the event of No-Deal
The Government has recently provided new guidance for EU nationals coming to the UK in the event of a no-deal Brexit.
The Government has recently provided new guidance for EU nationals coming to the UK in the event of a no-deal Brexit. In such circumstances, the Government will seek to end free movement as soon as possible. Whilst those already resident in the UK as at 29 March 2019 will be able to apply for pre-settled/settled status under the EU Settlement Scheme, the guidance provides some much needed clarity on the position for EU citizens entering the UK after the cut off.
Essentially, the guidance confirms that:
- any EU (or EFTA) national coming to the UK after 29 March 2019 who wants to continue living and working here for longer than 3 months, will need to apply online for European Temporary Leave to Remain within 3 months
- this will enable them to live and work here for a further 3 years maximum
- there will be a fee for the application (yet tbc)
- after the 3 year period they will be required to apply under the new immigration system in place at that time (the current proposals for which suggest that they may well need to be sponsored by a UK employer and be doing a skilled role here)
- EU identity cards/passports will remain valid for travel (and to evidence right-to-work) until the new immigration system is introduced (currently planned for early 2021).
Of note, is that time spent in the UK with European Temporary Leave to Remain will not count towards settlement/indefinite leave to remain.
With a no-deal Brexit still on the table, this guidance provides some welcome reassurance that a transition period of sorts will be in place for EU migrants if they are coming here after 29 March 2019. However, given that the long-term prospects are subject to consultation/legislation and that this could be more burdensome for some employers, eligible EU workers that are resident here as at 29 March 2019 may wish to apply under the EU Settlement Scheme.
Related expertise
You may be interested in...
Legal Update
A new planning bill for Wales: What will this mean?
Opinion
Pride Month: A time to review DEI
Guide
Legal project management: A cornerstone in operational delivery of inquiries
Legal Update
Analysis: National audit on group-based child sexual exploitation and abuse (June 2025)
Press Release
Browne Jacobson comments on the government's 10 year infrastructure strategy
Opinion
Employer redundancy guide: Sourcing alternative employment
Press Release - Firm news
Browne Jacobson delivers record-breaking growth as strategic vision drives exceptional performance
Opinion
Spending Review: Setting the stage for UK investment
Guide
Using AI for recruitment: The data issues
Press Release
Spending Review 2025: Browne Jacobson lawyers respond to Chancellor’s announcement
Legal Update
ESG and sustainability report: Rethinking communication and credibility
Press Release
Majority of UK organisations remain committed to sustainability and ESG, says new research
Legal Update - Public matters newsletter
Public matters: May 2025
Legal Update
Is the standards regime about to undergo a significant overhaul?
Legal Update
Navigating the streets: The legal landscape of low traffic neighbourhoods
Legal Update - Planning reform
All change: The implications of planning reform upon regeneration projects
Legal Update
Supporting local authorities in tackling housing challenges
Legal Update
Consultation on proposed changes to Estyn inspection regime in Wales
Published Article
Andrew Walker, Bridget Tatham: The case for better risk management
Opinion
Disciplinary procedures and mental health: Employer considerations
Legal Update
Supporting mental wellbeing in the workplace: Practical steps for businesses
Press Release
US-UK trade deal: Reaction from Browne Jacobson lawyers
Press Release
Browne Jacobson signs strategic partnership with Local Government Information Unit
Opinion
EHRC releases guidance for employers after Supreme Court ruling on definition of woman
Press Release
Browne Jacobson to explore skills challenges in built environment at UKREiiF event
Legal Update
2025/26 employment rates and limits: Are costs increases having a negative impact on the job market?
Legal Update - Public matters newsletter
Public matters: April 2025
Press Release - Firm news
Browne Jacobson appoints Bernhard Maier as Head of Arbitration
Legal Update
Conservation covenants: A useful tool in the toolbox?
Legal Update
Changes to s.106 procedures required to safeguard planning permission
Legal Update - Planning reform
The Planning and Infrastructure Bill: Clause 45 compulsory training for members of local planning authorities
Legal Update
Government publishes response to consultation on Subsidy Control Regime
Legal Update
Making public inquiry recommendations work
Legal Update
Updated Modern Slavery Act Transparency Guidance: Key obligations and steps for businesses
Legal Update
Martyn’s Law: Implications for public authorities
Article - Employment Rights Bill
The Employment Rights Bill: What the new amendments mean for employers
Opinion - Economic Crime and Corporate Transparency Act
Economic Crime and Corporate Transparency Act 2023: Voluntary ID verification available from 8 April 2025
Press Release
Browne Jacobson returns to UKREiiF 2025
Legal Update - Public matters newsletter
Public matters: March 2025
