UNITED KINGDOM - House of Lords passes Brexit amendment to guarantee May to announce restrictions on residency rights of new EU arrivals
  • As of March 15, new EU/EEA arrivals to the U.K. should not have an expectation of permanent residence after five years. While EU/EEA nationals arriving after any cutoff date may continue to exercise free movement and work in the U.K. without specific work permission in the short term, they are on notice that they may not qualify for permanent residency post-Brexit and will likely need additional work permission or registration after the U.K. formally leaves the EU in 2019.


    The House of Lords amendment was not in the government's version of the bill, and would require the government to ensure the rights of EU citizens and their family members currently in the U.K. and their rights to residency post-Brexit. The House of Commons previously rejected a similar amendment.

    • Implementation time frame: Ongoing. May is currently slated to trigger Article 50 on March 15, which would serve as the same date as the "cutoff" date after which new EEA nationals would have a limited expectation of permanent residency.
    • Visas/permits affected: Rights under EU freedom of movement laws; U.K. permanent residency.
    • Who is affected: EU and EEA nationals and their family members legally residing in the U.K. or EU/EEA nationals arriving after the anticipated cutoff date.
    • Business impact: The House of Lords amendment would provide much-needed certainty to European nationals currently living and working in the U.K. Businesses sending EEA workers to the U.K. after the cutoff date should anticipate applying for work permits for those individuals.
    • Next steps: The Brexit bill will now pass back to the House of Commons for further debate of the amendment. Companies should assess their existing EEA workforce in the U.K. for permanent residency eligibility and, in appropriate cases, take steps toward applying for registration certificates.

    Background: The House of Lords amendment says that within three months of triggering Article 50 exit procedures, the government must introduce proposals to ensure that EU and EEA citizens and their family members who are legally resident in the U.K. as of the date of the bill's enactment "continue to be treated the same way with regards to their EU-derived rights, and, in the case of residency, their potential to acquire such rights in the future."


    Meanwhile, May is apparently setting an immediate cutoff date simultaneous to the triggering of Article 50 in order to avoid an influx of migrants from the EU. The reports come after Home Secretary Amber Rudd confirmed in a televised interview that the U.K. "will be ending freedom of movement as we know it," thus, any new EEA migrant prior to Brexit must expect to transition to a work permit. The Home Office has confirmed that all options are on the table for a post-Brexit national immigration scheme, which will either apply a single system to all foreign nationals or a dual system that treats EEA nationals as preferential to non-European migrants.


    It is expected that EEA nationals already living in the U.K. as of any cutoff should continue to be able to work and be granted permanent residency based on meeting the five-year residency as a "qualified person" requirement. However, Rudd also reiterated that while May wants to guarantee the status of EEA nationals already in the U.K. "as soon as possible," she will not do so until U.K. nationals receive reciprocal guarantees of their status in EU countries.


    Analysis: While the House of Lords cannot ultimately stop the government's Brexit bill or insist on the amendment, it can delay the triggering of Article 50 (expected mid- to late March) as the bill enters "ping pong" mode between the two parliamentary houses. The amendment recognizes the U.K.'s responsibility to protect the estimated 3 million Europeans currently in the U.K. and provides a legal framework in which to guarantee that rights are established as early as possible ahead of any Brexit cutoff date. To date, the government has given broad reassurances that they have no intention of treating EEA nationals already in the UK "with anything other than respect," but has stopped short of offering any guarantee unless and until U.K. citizens currently in other EU countries are assured reciprocal rights.


    Additionally, the imposition of a cutoff date is legally challengeable (as it effectively thwarts EU law which remains in force until after Brexit) but May is likely relying on the EU being unwilling or unable to enforce this politically. Companies should be tracking their European workforce to plan for Brexit and its impact on EEA nationals' continued rights to live and work in the U.K. While European nationals currently working in the U.K. should be able to maintain the right to stay in the U.K., individuals with breaks in their continuous stay in the U.K. or who spent periods of time as students, self-employed or self-sufficient and without comprehensive sickness insurance remain at risk of being ineligible for permanent residency.


    BAL is following developments and will provide updates as the Brexit bill proceeds through Parliament.


    This post has been provided by Berry Appleman & Leiden (BAL) Corporate Immigration. For more information please contact: Kristi Paulsen or Jennifer Fisher
    About Berry Appleman & Leiden LLP


    Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from sixteen offices across the U.S. and Globe. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
    Source: Berry Appleman & Leiden LLP


    Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com

UNITED KINGDOM - House of Lords passes Brexit amendment to guarantee May to announce restrictions on residency rights of new EU arrivals
  • As of March 15, new EU/EEA arrivals to the U.K. should not have an expectation of permanent residence after five years. While EU/EEA nationals arriving after any cutoff date may continue to exercise free movement and work in the U.K. without specific work permission in the short term, they are on notice that they may not qualify for permanent residency post-Brexit and will likely need additional work permission or registration after the U.K. formally leaves the EU in 2019.


    The House of Lords amendment was not in the government's version of the bill, and would require the government to ensure the rights of EU citizens and their family members currently in the U.K. and their rights to residency post-Brexit. The House of Commons previously rejected a similar amendment.

    • Implementation time frame: Ongoing. May is currently slated to trigger Article 50 on March 15, which would serve as the same date as the "cutoff" date after which new EEA nationals would have a limited expectation of permanent residency.
    • Visas/permits affected: Rights under EU freedom of movement laws; U.K. permanent residency.
    • Who is affected: EU and EEA nationals and their family members legally residing in the U.K. or EU/EEA nationals arriving after the anticipated cutoff date.
    • Business impact: The House of Lords amendment would provide much-needed certainty to European nationals currently living and working in the U.K. Businesses sending EEA workers to the U.K. after the cutoff date should anticipate applying for work permits for those individuals.
    • Next steps: The Brexit bill will now pass back to the House of Commons for further debate of the amendment. Companies should assess their existing EEA workforce in the U.K. for permanent residency eligibility and, in appropriate cases, take steps toward applying for registration certificates.

    Background: The House of Lords amendment says that within three months of triggering Article 50 exit procedures, the government must introduce proposals to ensure that EU and EEA citizens and their family members who are legally resident in the U.K. as of the date of the bill's enactment "continue to be treated the same way with regards to their EU-derived rights, and, in the case of residency, their potential to acquire such rights in the future."


    Meanwhile, May is apparently setting an immediate cutoff date simultaneous to the triggering of Article 50 in order to avoid an influx of migrants from the EU. The reports come after Home Secretary Amber Rudd confirmed in a televised interview that the U.K. "will be ending freedom of movement as we know it," thus, any new EEA migrant prior to Brexit must expect to transition to a work permit. The Home Office has confirmed that all options are on the table for a post-Brexit national immigration scheme, which will either apply a single system to all foreign nationals or a dual system that treats EEA nationals as preferential to non-European migrants.


    It is expected that EEA nationals already living in the U.K. as of any cutoff should continue to be able to work and be granted permanent residency based on meeting the five-year residency as a "qualified person" requirement. However, Rudd also reiterated that while May wants to guarantee the status of EEA nationals already in the U.K. "as soon as possible," she will not do so until U.K. nationals receive reciprocal guarantees of their status in EU countries.


    Analysis: While the House of Lords cannot ultimately stop the government's Brexit bill or insist on the amendment, it can delay the triggering of Article 50 (expected mid- to late March) as the bill enters "ping pong" mode between the two parliamentary houses. The amendment recognizes the U.K.'s responsibility to protect the estimated 3 million Europeans currently in the U.K. and provides a legal framework in which to guarantee that rights are established as early as possible ahead of any Brexit cutoff date. To date, the government has given broad reassurances that they have no intention of treating EEA nationals already in the UK "with anything other than respect," but has stopped short of offering any guarantee unless and until U.K. citizens currently in other EU countries are assured reciprocal rights.


    Additionally, the imposition of a cutoff date is legally challengeable (as it effectively thwarts EU law which remains in force until after Brexit) but May is likely relying on the EU being unwilling or unable to enforce this politically. Companies should be tracking their European workforce to plan for Brexit and its impact on EEA nationals' continued rights to live and work in the U.K. While European nationals currently working in the U.K. should be able to maintain the right to stay in the U.K., individuals with breaks in their continuous stay in the U.K. or who spent periods of time as students, self-employed or self-sufficient and without comprehensive sickness insurance remain at risk of being ineligible for permanent residency.


    BAL is following developments and will provide updates as the Brexit bill proceeds through Parliament.


    This post has been provided by Berry Appleman & Leiden (BAL) Corporate Immigration. For more information please contact: Kristi Paulsen or Jennifer Fisher
    About Berry Appleman & Leiden LLP


    Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from sixteen offices across the U.S. and Globe. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
    Source: Berry Appleman & Leiden LLP


    Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com