Willing to Relocate: Brexit and International Mobility

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3 days before 29 March, the outcome of Brexit is still up in the air. If the House of Commons does not approve the draft withdrawal agreement by this Friday, chances are the UK will leave the European Union without a deal.

So what is the UK’s current departure date?

In a “deal” scenario, the EU has agreed to extend the departure date to 22 May 2019. In a “no deal” scenario, the agreed extension is 12 April 2019.

If there is a deal…

Here is what you need to know if the draft withdrawal agreement is approved:

I am a UK citizen currently living and working in a EU member state

Your rights as a UK citizen in the EU are protected by the draft Brexit agreement.

I am an EU citizen currently living and working in the UK

If you are an EU citizen currently living and working in the UK, you are most likely worried about your rights to remain in the country after March 29, 2019. During the transition period, which is currently defined until December 31 2020, your rights will remain the same. As long as you hold a valid international passport or national ID card from your EU home country, you will be able to leave and re-enter the UK freely.

At the end of the transition period, there are two scenarios:

  • You have lived permanently in the UK for five years: you will be able to continue residing there with no further actions required;
  • You haven’t lived permanently in the UK for five years: you will still be able to acquire permanent residency by completing five years; however, you must apply for your permanent residence status no later than 6 months before the end of the transition period.

I am an EU citizen and I want to work and live in the UK after Brexit

If that future point is after the end of the transition period, you are swimming in a sea of uncertainty. The Brexit deal does not outline any information on your rights in that case, unfortunately.

I am a UK citizen and I want to work and live in the EU after Brexit

If you are a UK citizen living and working in the EU, but you hold no dual nationality, you might no longer enjoy the same rights and protections as EU citizens under EU law. You might need to provide proof of residency or demonstrate that you qualify for such. Any demands the UK imposes on EU citizens residing on the island could be expected to apply to UK citizens living in EU member states.

In its attempt to curb immigration, the UK has rejected freedom of movement, so there is now the possibility that UK citizens might also not be able to work or run business in the EU like they used to.

If there is no deal…

In the case of a no-deal Brexit the EU’s contingency plans state that the UK would immediately become a “third country”, without any transition like the two year implementation period envisaged in the draft deal.

So where do we stand now?

Let’s admit it – we don’t know. In fact, no one does. Until the final outcome of Brexit is confirmed, we can neither hope for the best nor assume the worst.

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