• Insights

Policy Paper Details EU Nationals’ Position in the United Kingdom in No-Deal Brexit

December 6, 2018

insight-news-default

Countries / Territories

  • European UnionEuropean Union
  • United KingdomUnited Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

The situation

A recent UK Home Office policy paper outlines the arrangements for EU nationals residing in the United Kingdom in case of a no-deal Brexit.

A closer look

The policy paper confirms that EU nationals and their family members can continue to move to the United Kingdom until March 29, 2019 without any new constraints. Further details discussed in the paper include the below:

  • EU Settlement Scheme. EU nationals residing in the United Kingdom by March 29, 2019 would be able to continue to register under the EU Settlement Scheme in case of a no-deal Brexit, until December 31, 2020. Until this date, EU nationals could continue to use their passport or national identity card as proof of their right to reside in the United Kingdom, as they currently do. The basis for qualifying for status under the scheme would remain the same as proposed in a ‘deal’ scenario and would focus on residence in the United Kingdom. Eligible EU nationals could secure their status in UK law by registering under this scheme.
  • Indefinite leave to remain. Registration under the EU Settlement Scheme would allow eligible EU nationals and their family members to apply for indefinite leave to remain – the UK permanent residence permit type – after five years of continuous and lawful residence.
  • Deadline for current family members. EU nationals registered under the EU Settlement Scheme could apply for their close family members – such as children, spouses and partners, parents and grandparents – to join them in the United Kingdom until March 29, 2022. To qualify, the family relationship should exist by March 29, 2019 (with the exception of newborn children) and should continue to exist at the time the application is filed. After March 29, 2022, such family members would be able to join EU citizens by applying through the applicable UK Immigration Rules.
  • Deadline for new family members. For relationships formed after March 29, 2019, EU nationals registered under the EU Settlement Scheme would be able to apply for these family members to join them in the United Kingdom until December 31, 2020. After this date, the applicable UK Immigration Rules w apply.
  • Irish nationals. Irish nationals would not need to register under the EU Settlement Scheme, as they are covered by separate UK-Ireland treaties.  

Impact in the United Kingdom

The policy paper offers more clarity for EU nationals and their family members currently residing or seeking to reside in the United Kingdom, if the United Kingdom exits the European Union without a Withdrawal Agreement in place.

EU nationals arriving in the United Kingdom after March 29, 2019 should be aware that a no-deal Brexit could mean they would need to obtain visas in the same way as other third country nationals.

Impact in the European Union

The position set out in this policy paper corresponds to the current conditions in the other EU countries, namely that in case of a no-deal Brexit there will be no transition period. The European Union has committed to extending protections to UK nationals currently residing in the European Union that correspond to the protections that EU nationals will receive in the United Kingdom. Therefore, while the policy paper only has effect in the United Kingdom, policy in the EU may be impacted because of principles of reciprocity.  

How this policy paper fits in to Brexit negotiations

This policy paper is a non-binding indication of the government’s intentions to guide the UK Parliament in making rules if a Withdrawal Agreement is not reached.

While both the United Kingdom and the European Union remain committed to the Withdrawal Agreement, it is not yet certain whether the agreement will be accepted by UK Parliament.

Looking ahead

The Home Office calls on EU countries to guarantee similar protections for UK nationals residing in the European Union. The policy paper highlights that the new immigration system must be fully operational by March 29, 2019 in preparation for a no-deal Brexit. Fragomen will continue to report on relevant developments.

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].

Countries / Territories

  • European UnionEuropean Union
  • United KingdomUnited Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Blog post

Polish Citizenship by Descent: A Practical Guide for 2026

Poland Immigration Strategy Director Tomasz Rogala, Senior Associate Tomasz Rdzanek and Senior Immigration Consultant Paulina Fołta-Cisak discuss who may qualify for Polish citizenship by descent, how historical events can affect a claim and what applicants should expect from the 2026 confirmation process.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Global Mobility Lawyer: Fragomen expands US footprint with new Denver office

Fragomen has opened a new Denver office to strengthen its support for Colorado businesses navigating evolving immigration requirements and talent needs.

Learn more

Podcast

Insight & Impact - Episode 2: Why Data Matters

Canada Managing Partner Cosmina Morariu and Senior Director Leah L. Rogal discuss how immigration, demographic, labor market and economic data can help organizations interpret policy developments, anticipate talent needs and make more strategic workforce and mobility decisions.

Learn more

Fragomen news

Fragomen Opens Denver Office, Strengthening Support for Colorado Employers

Fragomen opens a Denver office to expand immigration support for Colorado employers and growing businesses.

Learn more

Video

Ordinary Naturalisation in Switzerland | #MobilityMinute

Manager Mihaela Dumitru discusses key requirements for ordinary naturalisation in Switzerland, including residence, integration, language skills and local knowledge assessments.

Learn more

Blog post

Pre-Settled Status and Absences From the UK: When Could Status Be at Risk?

In this blog, Immigration Consultant Mirela Sartori explains when absences could place status at risk, how the Home Office assesses residence and what to do if you receive a “minded to curtail” notice, which generally requires a response within 28 days.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Blog post

Polish Citizenship by Descent: A Practical Guide for 2026

Poland Immigration Strategy Director Tomasz Rogala, Senior Associate Tomasz Rdzanek and Senior Immigration Consultant Paulina Fołta-Cisak discuss who may qualify for Polish citizenship by descent, how historical events can affect a claim and what applicants should expect from the 2026 confirmation process.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Global Mobility Lawyer: Fragomen expands US footprint with new Denver office

Fragomen has opened a new Denver office to strengthen its support for Colorado businesses navigating evolving immigration requirements and talent needs.

Learn more

Podcast

Insight & Impact - Episode 2: Why Data Matters

Canada Managing Partner Cosmina Morariu and Senior Director Leah L. Rogal discuss how immigration, demographic, labor market and economic data can help organizations interpret policy developments, anticipate talent needs and make more strategic workforce and mobility decisions.

Learn more

Fragomen news

Fragomen Opens Denver Office, Strengthening Support for Colorado Employers

Fragomen opens a Denver office to expand immigration support for Colorado employers and growing businesses.

Learn more

Video

Ordinary Naturalisation in Switzerland | #MobilityMinute

Manager Mihaela Dumitru discusses key requirements for ordinary naturalisation in Switzerland, including residence, integration, language skills and local knowledge assessments.

Learn more

Blog post

Pre-Settled Status and Absences From the UK: When Could Status Be at Risk?

In this blog, Immigration Consultant Mirela Sartori explains when absences could place status at risk, how the Home Office assesses residence and what to do if you receive a “minded to curtail” notice, which generally requires a response within 28 days.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
September 14, 2026 | AustraliaABC News: What Australia can learn from 165 years of migration data
September 15, 2026 | NetherlandsBusiness Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working
September 15, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for An Additional 30 Days; U.S. Citizen Travel Restrictions Remain in Effect
September 15, 2026 | United StatesUnited States: DOL to Propose PERM Program Changes
September 15, 2026 | VenezuelaVenezuela: New Electronic ‘PRO-V-90’ Visa for Independent Professionals Providing Services to Clients
September 14, 2026 | AustraliaABC News: What Australia can learn from 165 years of migration data
September 15, 2026 | NetherlandsBusiness Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working
September 15, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for An Additional 30 Days; U.S. Citizen Travel Restrictions Remain in Effect
September 15, 2026 | United StatesUnited States: DOL to Propose PERM Program Changes
September 15, 2026 | VenezuelaVenezuela: New Electronic ‘PRO-V-90’ Visa for Independent Professionals Providing Services to Clients
September 14, 2026 | AustraliaABC News: What Australia can learn from 165 years of migration data
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.