Residency in event of a ‘no-deal’ Brexit

Recent news reports indicate that the UK could leave the European Union without a deal on 31 October 2019.

Given the constantly changing dynamics of Brexit, there remains a degree of uncertainty as to what the residency rules might or might not look like or what a post-Brexit immigration & visa system could mean for us.

On this front, we have been in contact with our specialist legal advisors to try to understand what, if anything, can be done to ensure that Brexit does not adversely affect our contractors.

They have prepared a short note which is attached and which we hope might help bring some clarity as to what is happening.

If anyone has any questions, then please contact Stuart Hunter, Chief Executive Officer.

EU Settlement Scheme

The UK government opened the EU Settlement Scheme and those who are currently exercising free movement rights are encouraged to apply under it.

This is a scheme where EU nationals living in the UK make an online application to ensure they are able to continue living in the UK after Brexit. The deadline for applying for this is still currently 31 December 2020 if there is a ‘no deal’ Brexit. That could be shortened and good advice would be to register under this scheme before Brexit happens on 31 October 2019.

The scheme is not relevant for Irish nationals who do not need to do anything to secure their continued status in the UK.

More information on this scheme can be found here.

Presence in the UK

EU citizens intending to be a main applicant under the scheme above must enter the UK by 11pm on 31 October 2019.

Arriving in the UK after 31 October 2019

In the event of a no-deal Brexit, the government has announced plans for a transition period for those arriving from 31 October 2019 until 31 December 2020, allowing them to apply for temporary residence for a period of three years.  Those who do not apply will require to leave the UK by the end of 2020.

Those who wish to remain beyond the three year period of temporary leave will require to apply under a new immigration regime that will apply from 2021.  The new regime will apply to all EU nationals entering the UK after 31 December 2020. The full details of this are yet to be announced.

Working Offshore

It is anticipated that EU nationals currently transiting through mainland UK in order to work offshore on the UKCS will be able to continue doing so in the event of Brexit.

Those who spend time onshore in the UK either before or after having been offshore could face tighter restrictions on their ability to do this unless they have registered under the EU settlement Scheme or Euro Temporary Leave to Remain Scheme.

More Information

More information on the possible impacts of a no-deal Brexit can be found here.