Guidance on Fees for European Economic Area Applicants in Case of No-Deal Brexit
February 12, 2019

The situation
According to a response to a Parliamentary Question provided by the UK Minister of State for Immigration, further guidance is forthcoming for European Economic Area (EEA) applicants in case of a no-deal Brexit, and the Immigration Skills Charge and Immigration Health Surcharge would not apply to such applicants.
A closer look
The guidance is expected to address the following points:
- European Temporary Leave to Remain applications. The guidance will include instructions on how to apply for European Temporary Leave to Remain (ETLR), the permit required for European Economic Area (EEA) nationals seeking to stay in the United Kingdom between three and 36 months, having entered after 11pm on March 29, 2019 in the event of a no-deal Brexit.
- Stay over 36 months. As a reminder, for stays over 36 months, applicants would immediately be required to apply for a standard national permit type under the new immigration system which will be developed and implemented on January 1, 2021.
- Employer right to work checks. The guidance will include new rules for employers on completing right to work checks for EEA nationals under the new policy. As a reminder, the right to work check should occur on or shortly before the first day of work, to verify that the worker is work authorized.
- Application fees. Although information on application fees will be published separately from the guidance in due course, the Minister confirmed that the Immigration Skills Charge of GBP 1,000 per main applicant per year (required for non-exempt Tier 2 applicants staying more than six months) would not apply to ETLR applicants. The government also intends to waive the Immigration Health Surcharge of GBP 400 per person per year or 300 GBP per year for students or Tier 5 Youth Mobility migrants (required for non-exempt applicants staying more than six months) for ETLR applicants, subject to parliamentary approval.
Impact
Employers will benefit from the Immigration Skills Charge and proposed Health Surcharge waivers, as overall UK visa costs are very high and the introduction of standard fees would require a significant recalculation of immigration budgets for EEA nationals.
Background
This confirmation was based on Fragomen's inquiry to the UK parliament, published here.
Looking ahead
The next step will be for the UK government to publish the relevant guidelines and develop these proposals into draft laws, which would need to be accepted by the UK Parliament before they could take effect. No time frame has been provided as yet but Fragomen will report on these steps as they occur.
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].
Explore more at Fragomen
Media mentions
Practice Leader Olga Nechita outlines key Portuguese visa options for UK nationals, including routes for entrepreneurs and retirees, alongside basic income and residency requirements.
Video
Partner Melissa Vasquez-Myers reviews the June 2026 Visa Bulletin, including retrogression for EB2 and EB1 India and forward movement in the EB3 category for Indian and Chinese nationals.
Media mentions
Awards
Canada Managing Partner Cosmina Morariu is recognized by Women We Admire among the Top Women Leaders of Toronto for 2026 for her leadership in immigration and global mobility.
Video
Senior Manager Harry Goldstraw outlines key considerations for UK employers hiring international talent, including sponsorship requirements, visa pathways and compliance obligations shaping workforce mobility strategy.
Article
Senior Counsel Jo Antoons examines how the EU’s proposed social security reforms are reshaping A1 compliance for business travel, introducing “Day One” requirements and greater complexity.
Awards
Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.
Blog post
Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.
Visas
Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.
Video
Assistant Manager Sukhjeet Kaur discusses Romania’s proposed immigration reforms, including new visa categories, employer authorization requirements and a new digital immigration platform.
Podcast
Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.
Fragomen news
Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.
Media mentions
Practice Leader Olga Nechita outlines key Portuguese visa options for UK nationals, including routes for entrepreneurs and retirees, alongside basic income and residency requirements.
Video
Partner Melissa Vasquez-Myers reviews the June 2026 Visa Bulletin, including retrogression for EB2 and EB1 India and forward movement in the EB3 category for Indian and Chinese nationals.
Media mentions
Awards
Canada Managing Partner Cosmina Morariu is recognized by Women We Admire among the Top Women Leaders of Toronto for 2026 for her leadership in immigration and global mobility.
Video
Senior Manager Harry Goldstraw outlines key considerations for UK employers hiring international talent, including sponsorship requirements, visa pathways and compliance obligations shaping workforce mobility strategy.
Article
Senior Counsel Jo Antoons examines how the EU’s proposed social security reforms are reshaping A1 compliance for business travel, introducing “Day One” requirements and greater complexity.
Awards
Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.
Blog post
Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.
Visas
Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.
Video
Assistant Manager Sukhjeet Kaur discusses Romania’s proposed immigration reforms, including new visa categories, employer authorization requirements and a new digital immigration platform.
Podcast
Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.
Fragomen news
Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.
