Global Immigration Alert: United Kingdom

The UK and EU have released a joint report on progress of the negotiations regarding the UK’s orderly withdrawal from the EU. 

The joint report covers the below issues; 

• Citizens’ rights;
• Ireland & Northern Ireland;
• Financial Settlement; and
• Other separation issues such as the status of Euratom, policing and judicial cooperation etc.

This joint report remains subject to final agreement and therefore could be subject to change. 

Citizens’ Rights 

The UK and EU have agreed in principle to provide reciprocal protection for Union and UK citizens who have exercised free movement rights at the time of the UK’s withdrawal. 

The key points set out in the joint report are; 

• Union Citizens legally residing in the UK and UK Citizens legally residing in the EU at the date the UK withdraws from the EU will be protected by the Withdrawal Agreement and be allowed to stay
• The UK and each Member State can require individuals to obtain a status document evidencing their right to stay and will be given a period of at least two years to apply for these status documents
• Individuals already holding a permanent residence document issued under EU law will have their document converted free of charge, subject only to verification of identity, criminality and security checks
• Persons who have acquired permanent residence rights under the Withdrawal Agreement can be absent for a period not exceeding five consecutive years without losing their residence rights
• The below family members, so long as they are related at the point the UK withdraws from the EU, regardless of nationality, will be entitled to join a UK or Union Citizen who qualifies under the Withdrawal Agreement after the UK departs the EU;

o    Spouse/Civil Partner 

o    Partners in durable relationships (eg for the UK can demonstrate 2 years cohabitation) 

o    Direct descendants under the age of 21 

o    Dependent direct relatives in the ascending line (eg parents where it can be shown they are dependent)  

o    Children born or legally adopted after the UK withdraws where; 

§    Both parents are protected by the Withdrawal Agreement; or 

§    One parent is protected by Withdrawal Agreement and the other is a national of the host state; or 

§    A parent is protected by the Withdrawal Agreement and has either sole or joint custody of the child 

The joint report also provides some detail around practical implementation of the Withdrawal Agreement such as; 

• Host States will avoid unnecessary administrative burdens for any application process and the forms will be short, simple and user friendly
• Where individuals miss the deadline for applications, a proportionate approach will be taken where there is a good reason
• Host States may remove applicants who have submitted fraudulent or abusive applications
• UK courts should give due regard to relevant decisions of the European Court of Justice and a mechanism will be put in place to allow UK courts to refer questions of interpretation for a period of 8 years

Ireland & Northern Ireland 

• The UK have committed to avoiding a hard border between Ireland & Northern Ireland
• The specific arrangements to facilitate this remain subject to negotiation

What this means for you as an employerThe information contained within the joint report remains subject to final agreement, and may be subject to change. 

However, the joint agreement is the strongest indication to date that the UK and EU will protect the rights of Citizens who have benefitted from free movement rights, meaning that existing employees are likely to be protected unless there is a significant change in the negotiation position of the UK or EU. 

Employers who have been engaging regularly with employees on developments under EU law may wish to provide further updates to those impacted.  

As UK and EU nationals are now likely to be required to register their status during the transition period, employers should consider identifying their impacted population and establishing a policy framework in order to determine the level of support you may wish to offer to your employees. 

PwC offer a range of services in relation to Brexit planning and your PwC contact will contact you directly in order to discuss these in further detail.

Please do not hesitate to contact me or our global immigration team if you have any questions