Prepare to Brexit: UK PM Readies Article 50
Pro-Link Global evaluates the latest developments in the UK/EU Brexit situation, and provides tips on how EU nationals can navigate the coming changes.
Status of Brexit Today
As of today, the Brexit Bill to formally authorize Prime Minister May to invoke Article 50 of the EU Lisbon Treaty and start the two-year negotiation process for exiting the EU is currently being debated in Parliament. The bill is currently with the House of Lords, who have already dealt the May administration two significant setbacks by attaching two amendments: one guaranteeing the rights to EU nationals living in the UK, and another requiring Parliament’s approval of any final deal negotiated prior to formal exit. PM May has vowed to defeat both amendments when the bill returns to the House of Commons next week.In statements as recent as March 2, the day after the Lords delivered the first setback, PM May was still insisting that Article 50 would be triggered on March 15. However, with the second Lord’s amendment this week, an end-of-March timetable appears more likely.Once May triggers Article 50, the UK and the EU will then enter the long and complicated process of negotiating an exit agreement that will define their relationship once the UK leaves the EU, possibly as soon as the Spring of 2019. The issues on the table of this negotiation will cover the spectrum of international trade, border security, legal frameworks, regulatory schemes, agency roles, and cooperative ventures, but center stage in the negotiations will undoubtedly belong to the issue of immigration and the mobility of EU nationals into the UK and UK nationals into Europe.
“End of Free Movement”
Regardless of the precise date and the ultimate form of the Brexit Bill, PM May has indicated that simultaneous with the Article 50 announcement, she will announce the “end of free movement for EU migrants.” By this, she means that as of the date that Article 50 is triggered, EU nationals arriving in the country will not be automatically guaranteed the right to permanently stay in the UK. Those EU nationals arriving after that “cut-off” date would be subject to whatever residency rules are negotiated and ultimately implemented through the EU exit process. Presumably, for EU nationals already in the UK on that date, the current rights and procedures for obtaining permanent residence will still apply. However, until the Prime Minister makes the announcement electing Article 50, EU nationals are left with nagging uncertainty.More about Brexit and immigration:
- Talking Brexit
- United Kingdom – Tier 2 MAC recommendations announced
- Tech jobs ‘already relocating abroad’, survey says
What Should EU Nationals in the UK be Doing Now?
Public statements made as recently as early February do, however, show a strong desire on the part of the May administration to ensure that EU nationals already living in the UK have the right to remain. In remarks at the start of the Brexit Bill debate in Parliament, the Prime Minister reiterated that she wants to guarantee the right of EU nationals to stay in the UK “as soon as possible.” Bearing in mind that the process with the EU going forward is a negotiation, and that there are 1.2 million UK nationals also living in the EU, both sides should be strongly motivated to maintain the status quo for their citizens already living abroad. So, while the status is less clear for EU nationals entering the UK after the Article 50 announcement, there is certain to be a mechanism put in place for EU nationals already in the UK to remain.While we watch for the details of such a mechanism to take shape, there are some concrete steps EU nationals living in the UK can do now to place themselves in the best-possible position to face the uncertain road ahead. Pro-Link GLOBAL has been recommending to its EU national clients working in the UK, and their families, to do the following:- For EU nationals who have resided continually in the UK for more than five years - apply for Indefinite Leave to Remain, UK’s form of permanent residency. More information can be found on the Home Office website here.
- For EU nationals who have resided in the UK for less than five years – apply for a Registration Certificate. While EU nationals are not required to register, a Registration Certificate provides documentary proof of the right to reside in the UK. More information can be found on the Home Office website here.