The situation
The European Court of Justice ruled that the United Kingdom may unilaterally decide to stay in the European Union and does not need approval from all other EU countries to do so.
A closer look
In a ruling published December 10, 2018, the European Court of Justice ruled that the United Kingdom may unilaterally revoke its March 29, 2017 notification to leave the European Union. This ruling comes ahead of the UK Parliament’s vote on the draft Withdrawal Agreement, initially scheduled for December 11, 2018.
The United Kingdom may revoke this notification before March 29, 2019, if the Withdrawal Agreement has not been concluded and/or has not entered into force.
How this fits into Brexit negotiations
The ruling offers a third option to the UK Parliament, which was not confirmed to be possible before the ruling. The current options therefore are:
- Approving the Withdrawal Agreement (soft Brexit);
- Rejecting the Withdrawal Agreement, but still exiting the European Union (hard Brexit); or
- Unilaterally revoking the withdrawal notification, allowing the United Kingdom to remain in the European Union.
Looking ahead
UK Prime Minister Theresa May announced to postpone the UK Parliament vote. Fragomen will continue to monitor the withdrawal process and will report relevant developments as they occur, including guidance on next steps and actions to be taken in all Brexit scenarios.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected] / [email protected].
Explore more at Fragomen
Media mentions
Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.
Media mentions
Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.
Fragomen news
Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.
Blog post
Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.
Media mentions
Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.
Fragomen news
Fragomen announces the opening of new offices in Wrocław and Gdańsk, welcoming Partner Karolina Schiffter to its Poland practice.
Blog post
This blog post by Manager Virginie Todesco and Immigration Consultant Chiara Caredda, available in English and Portuguese, outlines the requirements, benefits and application process for obtaining Luxembourg citizenship.
Awards
Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.
Awards
Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.
Media mentions
Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.
Blog post
Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.
Fragomen news
Media mentions
Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.
Media mentions
Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.
Fragomen news
Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.
Blog post
Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.
Media mentions
Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.
Fragomen news
Fragomen announces the opening of new offices in Wrocław and Gdańsk, welcoming Partner Karolina Schiffter to its Poland practice.
Blog post
This blog post by Manager Virginie Todesco and Immigration Consultant Chiara Caredda, available in English and Portuguese, outlines the requirements, benefits and application process for obtaining Luxembourg citizenship.
Awards
Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.
Awards
Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.
Media mentions
Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.
Blog post
Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.
Fragomen news