
Countries / Territories
- 🌐
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
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.
- 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.
- 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’.
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.
Countries / Territories
- 🌐
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
Explore more at Fragomen

Blog post
Associate Pauline Chomel and Immigration Consultant Pebbless Agyemang discuss Belgium’s new family reunification rules and their impact on applicants.

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.

Blog post
Associate Pauline Chomel and Immigration Consultant Pebbless Agyemang discuss Belgium’s new family reunification rules and their impact on applicants.

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.