Employment Law Update - What happens if there is a ‘no-deal’ Brexit?

18 December 2018

The Department for Exiting the European Union has published a policy paper on citizens’ rights in the event of a no deal Brexit.

This has provided reassurance that, even if there is no deal, EU citizens and their family members who are resident in the UK by 29 March 2019 will be able to stay and carry on with their lives here. However this guarantee does not extend to those who arrive after this date.

The EU Settlement Scheme will still operate for those who are resident in the UK by 29 March 2019. However, applications would need to be submitted 31 December 2020, rather than 30 June 2021.   
The Government will honour their promise that anyone who acquires settled status will be able to leave the UK for up to five years without losing that status.

While EU citizens would have the right to challenge a refusal of their status under the EU Settlement Scheme by way of administrative review and judicial review, there would be no appeal procedure to the Court of Justice of the European Union.

EU citizens with settled status who want to bring family members to the UK would need to do so by 29 March 2022. After this date they would have to meet the requirements of the UK Immigration Rules.

The UK deportation threshold (which is stricter than the EU one) would apply to any crimes committed after 29 March 2019.

For further information please contact Clare Hedges or Janice Leggett in our Immigration Team.

This article is from the December 2018 issue of Employment Law Update, our monthly newsletter on employment legislation and regulation. To download the latest issue, please visit the newsletter section of our website. Law covered as at December 2018.

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