• Insights

Brexit: Preparing for a Future UK Social Security System

December 28, 2018

brexit flags

Countries / Territories

  • 🌐

Related contacts

siobhan_owers

Siobhan Owers

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9132

Related offices

  • Fragomen in Brussels, Belgium
  • Fragomen in Frankfurt, Germany
  • Fragomen in London
  • Fragomen in Paris
  • Fragomen in Sheffield, United Kingdom

Related content

  • U.S. Immigration in the Biden Administration
  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

siobhan_owers

Siobhan Owers

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9132

Related offices

  • Fragomen in Brussels, Belgium
  • Fragomen in Frankfurt, Germany
  • Fragomen in London
  • Fragomen in Paris
  • Fragomen in Sheffield, United Kingdom

Related content

  • U.S. Immigration in the Biden Administration
  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

siobhan_owers

Siobhan Owers

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9132

Related offices

  • Fragomen in Brussels, Belgium
  • Fragomen in Frankfurt, Germany
  • Fragomen in London
  • Fragomen in Paris
  • Fragomen in Sheffield, United Kingdom

Related content

  • U.S. Immigration in the Biden Administration
  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Siobhan Owers, Iskra Nikolic Uskokovic

The UK Government introduced the Immigration and Social Security Co-ordination (EU Withdrawal) Bill in the House of Commons on 20 December. The EU Withdrawal bill will revoke retained EU law and, importantly, end free movement for EU citizens as well as protect the rights of Irish citizens. The Bill contains a power which enables the UK Government to amend the retained social security coordination regime and deliver policy changes post EU exit.

Key Points

All EU nationals (and their families) who are covered by the social security legislation of an EU country can benefit from the European Social Security Co-ordination Regulations. They apply to employees and self-employed, civil servants, students and pensioners, but also to unemployed, not yet working or no longer working. The EU Regulations also apply to non-EU nationals and their family members who reside legally in the EU. The Regulations lay down common rules to protect social security rights when moving within the EU / EEA (i.e. including Iceland, Liechtenstein, Norway and Switzerland). However, it does not replace the national social security systems by one single European system. 

As such, for the UK Government, it is important to maintain consistency between the future immigration system and the availability of benefit support for EEA nationals. This is the reason why the UK Government is bringing forward social security legislative provisions into the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, to enable the UK to respond to its withdrawal from the EU by making changes to its own social security arrangements, incorporating aspects of immigration.

The power will enable the UK Government to make suitable legislative provisions for a range of post-Brexit scenarios that may arise. In response to the outcome of negotiations with the EU, the power may need to be exercised to implement policy changes to the retained social security co-ordination rules. These rules cover a wide range of issues, developing a framework for future social security coordination policy:

  • how EU nationals can access certain UK benefits and pensions in future;
  • to what extent UK nationals can export certain benefits and pensions; and
  • what rules will apply to people that work and live in more than one country.
 
Brexit No Deal 
 
After months of negotiation, the UK and EU had finally come up with a Withdrawal Agreement that was approved by the EU and by the UK Government on November 14, but still needs to be ratified by the UK parliament, before Brexit Day in March 2019. This means that the UK still might leave the EU without a deal.
 
In order to protect individual social security rights in case of a No Deal scenario, the UK Government has taken the following steps:
 
  1. On 13 December 2018, the UK Government has published a Statutory Instrument and Explanatory Memorandum in respect of the EU Social Security Coordination rules. The instrument aims to maintain the current EU rules on a unilateral basis through UK domestic legislation. However, in order for the EU rules to continue to apply, the draft legislation should be accepted by the relevant EU/EEA countries. If not, this may result in additional social security contributions due in the EU/EEA countries, and additional reporting and compliance obligations for employers.
  2. In addition, the UK has reached an agreement with Switzerland, which protects the rights of UK and Swiss nationals who have chosen to call each other’s countries as their ‘Home country’.
 
This means that UK and Swiss nationals living in each other’s countries upon expiry of the transition period, in a ‘deal’ scenario, will be able to continue enjoying broadly the same rights as they do now. This includes arrangements on residency, access to healthcare, pensions and education, social security coordination and mutual recognition of professional qualifications.
 
This agreement, once ratified by both Governments, would also apply in a ‘no deal’ scenario, in which case it would apply to UK and Swiss nationals living in each other’s countries before Brexit day.
 
Conclusion

The position of the UK Government in its negotiations with the EU, aiming at achieving fair principles, which will protect individual’s rights and treat all countries consistently, is still not final.  The Immigration and Social Security Co-ordination (EU Withdrawal) Bill will allow the UK Government to revoke or amend the EU Social Security Co-ordination Rules as retained by the EU Withdrawal Act 2018 and provide powers to the UK Government to set out new rules on Social Security Co-ordination for EU nationals in the UK.

 
For any social security related question, please contact us at [email protected] or Siobhan Owers at [email protected] and Iskra Nikolic Uskokovic at [email protected].

 

Countries / Territories

  • 🌐

Related contacts

siobhan_owers

Siobhan Owers

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9132

Related offices

  • Fragomen in Brussels, Belgium
  • Fragomen in Frankfurt, Germany
  • Fragomen in London
  • Fragomen in Paris
  • Fragomen in Sheffield, United Kingdom

Related content

  • U.S. Immigration in the Biden Administration
  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

siobhan_owers

Siobhan Owers

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9132

Related offices

  • Fragomen in Brussels, Belgium
  • Fragomen in Frankfurt, Germany
  • Fragomen in London
  • Fragomen in Paris
  • Fragomen in Sheffield, United Kingdom

Related content

  • U.S. Immigration in the Biden Administration
  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

siobhan_owers

Siobhan Owers

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9132

Related offices

  • Fragomen in Brussels, Belgium
  • Fragomen in Frankfurt, Germany
  • Fragomen in London
  • Fragomen in Paris
  • Fragomen in Sheffield, United Kingdom

Related content

  • U.S. Immigration in the Biden Administration
  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Fragomen Earns Top Rankings in Chambers USA 2026

Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.

Learn more

Blog post

Prepared, Not Reactive: What UAE HR and Mobility Teams Must Build for the Long Run

Senior Manager Manu George analyzes how recent disruptions in the UAE’s immigration landscape underscore the need for always‑on mobility readiness, outlining five core pillars that help organisations strengthen workforce visibility, manage compliance proactively and mitigate geopolitical and operational risks.

Learn more

Media mentions

Global Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities

Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.

Learn more

Blog post

Beyond the UK's Net Migration Decline: What the Data Reveals

Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.

Learn more

Media mentions

Bloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers

Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.

Learn more

Blog post

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

In this second installment of the Business Immigration After the Midterms series, Partner K. Edward Raleigh explores how post‑election enforcement risks for employers are expanding beyond federal agencies to include states, Congress, private plaintiffs and AI‑driven scrutiny, reshaping how workforce decisions are evaluated and challenged.

Learn more

Video

Full-Time | #FragomenFC - Ep.18

In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.

Learn more

Media mentions

The New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship

Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI Compliance Metrics for Universities Take Effect Today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Fragomen news

Fragomen Earns Top Rankings in Chambers USA 2026

Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.

Learn more

Blog post

Prepared, Not Reactive: What UAE HR and Mobility Teams Must Build for the Long Run

Senior Manager Manu George analyzes how recent disruptions in the UAE’s immigration landscape underscore the need for always‑on mobility readiness, outlining five core pillars that help organisations strengthen workforce visibility, manage compliance proactively and mitigate geopolitical and operational risks.

Learn more

Media mentions

Global Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities

Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.

Learn more

Blog post

Beyond the UK's Net Migration Decline: What the Data Reveals

Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.

Learn more

Media mentions

Bloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers

Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.

Learn more

Blog post

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

In this second installment of the Business Immigration After the Midterms series, Partner K. Edward Raleigh explores how post‑election enforcement risks for employers are expanding beyond federal agencies to include states, Congress, private plaintiffs and AI‑driven scrutiny, reshaping how workforce decisions are evaluated and challenged.

Learn more

Video

Full-Time | #FragomenFC - Ep.18

In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.

Learn more

Media mentions

The New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship

Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI Compliance Metrics for Universities Take Effect Today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

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 InsightsVietnamese ImmigrationView 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
  • Vietnamese Immigration
  • 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
June 5, 2026 | United StatesUnited States: Federal District Court Vacates 40-Jurisdiction Adjudications Hold and Related Policies
June 5, 2026 | United StatesFragomen Earns Top Rankings in Chambers USA 2026
June 5, 2026 | 🌐Middle East: Wafid Program Updated to Strengthen Medical Screening of Foreign Nationals
June 5, 2026 | 🌐Minimum Salary Changes Announced
June 5, 2026 | Saudi ArabiaSaudi Arabia: Increased Labor Inspections
June 5, 2026 | United StatesUnited States: Federal District Court Vacates 40-Jurisdiction Adjudications Hold and Related Policies
June 5, 2026 | United StatesFragomen Earns Top Rankings in Chambers USA 2026
June 5, 2026 | 🌐Middle East: Wafid Program Updated to Strengthen Medical Screening of Foreign Nationals
June 5, 2026 | 🌐Minimum Salary Changes Announced
June 5, 2026 | Saudi ArabiaSaudi Arabia: Increased Labor Inspections
June 5, 2026 | United StatesUnited States: Federal District Court Vacates 40-Jurisdiction Adjudications Hold and Related Policies
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.