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
Awards
Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.
Fragomen news
Partner Blake Chisam discusses DHS’s proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.
Fragomen news
Video
Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport.
Awards
Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.
Awards
Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.
Media mentions
Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.
Fragomen news
Fragomen news
Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.
Blog post
Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.
Awards
Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.
Media mentions
Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.
Awards
Eight Fragomen professionals in Mexico City recognized in The Best Lawyers in Mexico™ 2026 edition for excellence in Immigration Law.
Fragomen news
Partner Blake Chisam discusses DHS’s proposed rule expanding biometric data collection and continuous vetting, outlining key privacy and compliance implications for employers.
Fragomen news
Video
Senior Manager Fatima Aydin breaks down Irish citizenship by descent, a popular pathway for individuals of Irish ancestry to secure Irish citizenship and passport.
Awards
Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.
Awards
Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.
Media mentions
Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.
Fragomen news
Fragomen news
Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.
Blog post
Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.
Awards
Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.
Media mentions
Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.