• Insights

Brexit: What if There is No Deal?

September 7, 2018

brexit flags

Countries / Territories

  • 🌐

Related offices

  • Brussels
  • Dublin
  • Frankfurt

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brussels
  • Dublin
  • Frankfurt

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brussels
  • Dublin
  • Frankfurt

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Andreia Ghimis

As the target signature date of the UK’s Withdrawal Agreement approaches, our clients’ anxiety regarding Brexit is increasing by the day. This is to be expected, given the general negative mood that surrounds the topic. While negotiations are relatively transparent at a high political level, plenty of technical and purely practical questions still remain unanswered. Furthermore, despite some potentially reassuring statements that anticipate an orderly withdrawal of the UK from the EU, a Communication from the European Commission (July 2018) warning stakeholders to prepare for a ‘no deal scenario’ generated significant concerns in the business community. It has thus become more and more important, both for citizens and their employers, to prepare for a ‘no-deal’, both from an immigration and a social security perspective.

But what does the ‘no-deal scenario’ mean and what are its implications? 

There is a great deal of confusion about the meaning and consequences of the ‘no-deal scenario’.

‘No-deal’ means that the EU and the UK do not manage to find a timely consensus on the Withdrawal Agreement (a draft of this agreement was published in March 2018). But when will we know? The period that keeps being mentioned is October 2018. We could indeed find out at the European Summit (18-19 October 2018) if the no-deal alarm has to be triggered or not. This is because several items of the Withdrawal Agreement must still be approved. The most important is the situation at the Irish border.

But the October deadline is not legally binding. So, we may still witness a prolongation of the talks on the UK’s withdrawal beyond that date. However, the delay cannot go on for too long: after signature, the Withdrawal Agreement will have to be concluded in the EU (consensus of the European Parliament and qualified majority vote in the Council) and ratified in the UK (vote in the UK Parliament). All of this can happen in parallel, but can take up to three or four months.

The expected date of entry into force of the Withdrawal Agreement is 29 March 2019. So, unless the Brexit day is also postponed (which is legally possible, but politically undesirable on both sides), it is fair to say that somewhere between mid-October and mid-December 2018, we will know whether there will be an orderly or a ‘no-deal’ withdrawal of the UK from the EU.

Are EU countries preparing for this?

So far, we have not seen any visible preparations for this scenario in any EU country. Fragomen has been meeting with several EU and national stakeholders who have explained that all efforts were being concentrated towards securing a deal, because this is the desirable outcome for both parties. Yet, several exercises have been conducted, at least at EU level, to identify the legal gaps that would occur post-transition (in case there is one). These exercises are relevant in case of a ‘no-deal’, because in March 2019 we would immediately fall back on the existing EU and national legislation for third country nationals and be confronted with several legal vacuums.

Given the chaos a ‘no-deal’ withdrawal would create, it is highly likely that internal meetings are happening in the various capitals to prepare contingency plans, find solutions for the potential legal vacuums and a reasonable transition towards the new regime. The European Commission’s July Communication actually encouraged EU Member States to do so.

What does this mean for UK nationals residing in EU countries?

The stakes in a ‘no-deal scenario’ are high. If there is no withdrawal deal, there will be no transition period as prescribed in the draft Withdrawal Agreement (29 March 2019  – 31 December 2020). UK nationals will lose their EU citizenship, and suddenly become third country nationals. If there is no coordinated approach at EU level in this scenario, each EU country will decide how to protect the rights of UK nationals living on their territory.

It is likely that EU countries will look at how the rights of their citizens will be protected in the UK, and will try to duplicate that regime for UK nationals, granting a similar level of protection. A sort of a transition period might still be implemented at national level, to make sure UK nationals have the time to regularize their stay (be it by applying for third country nationals’ work/residence permits or for another type of permit specific to UK nationals post-Brexit). Given the different administrative traditions of EU countries, this may unfortunately lead to variable processes, documents, rights and regimes for UK nationals.

EU countries might also look at whether EU nationals residing in the UK will be affected by Brexit and try to compensate, where possible, the loss of potentially acquired rights (for instance, social security rights).

What is Fragomen doing?

Fragomen is meeting with Brexit stakeholders of different EU Member States and other decision makers to raise the most frequent questions received from our clients. We advise them on possible solutions to protect citizens’ rights, and constantly plead for more transparency, legal certainty and a coordinated EU approach in all scenarios (deal or no deal). We use the most up to date information to guide our clients and help them mitigate the negative consequences engendered by Brexit. 

Clients (individuals and employers) can reach out to us if they want to know what actions they can take now, how to communicate with their employees, and what to expect from the different withdrawal scenarios.

For more information please contact us at [email protected].

 

 

Countries / Territories

  • 🌐

Related offices

  • Brussels
  • Dublin
  • Frankfurt

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brussels
  • Dublin
  • Frankfurt

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brussels
  • Dublin
  • Frankfurt

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

A1-Bescheinigung oder Certificate of Coverage (CoC): Welches Dokument wird wann benötigt?

In this blog, Senior Manager Katharina Vorländer explains when A1 certificates and Certificates of Coverage (CoCs) may be required, the key differences between the two documents and what employers should consider before managing international assignments.

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

Times of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks

Partner K. Edward Raleigh discusses evolving H-1B policies and the importance of long-term immigration planning for Indian professionals and US employers.

Learn more
Generic Insights

Blog post

Die Niederlassungserlaubnis nach § 9 Abs. 3a AufenthG: Ein richtiger Schritt zur schnelleren und dauerhaften Integration von Ehegatten von Fachkräften

In unserem aktuellen Blog erläutert Ruben Fiedler, wer von der Regelung profitieren kann, welche Voraussetzungen gelten und was sie für Fachkräfte und ihre Familien in Deutschland bedeutet.

Learn more

Media mentions

EB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain

Partner Gustavo Kanashiro discusses the factors driving Brazilian families’ growing interest in the EB-5 program, including wealth planning and long-term mobility.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Podcast

Immigration in South Africa

Partner Lunga Mani and Director Johannes Kgotso Tiba discuss South Africa’s evolving immigration landscape and key considerations for employers, foreign nationals and global mobility teams.

Learn more

Blog post

Recouping Immigration Costs: Are Supportive Employers at Risk of Non-Compliance?

In this blog, Director Shanaz Haque explores what sponsors should consider when recouping immigration costs — including prohibited costs, salary implications and repayment arrangements.

Learn more

Media mentions

Human Resources Director: Migrant Worker Exploitation: Why It Persists and How HR Can Act

Senior Counsel Dr. Anna Boucher discusses factors that can affect migrant workers and how HR teams can support ongoing immigration and employment compliance.

Learn more

Blog post

Europe’s New Mobility Equation: More Talent, More Oversight, More Complexity

Partner Raj Naik explores how geopolitical change, increasingly data-driven compliance and evolving talent strategies are reshaping workforce mobility across Europe.

Learn more

Awards

Partner F. Joseph Paldino and Counsel Clark Cannon Named to Utah Business’ 2026 Legal Elite

Partner F. Joseph Paldino and Counsel Clark Cannon are named to Utah Business’s 2026 Legal Elite for their contributions to immigration law.

Learn more

Blog post

A1-Bescheinigung oder Certificate of Coverage (CoC): Welches Dokument wird wann benötigt?

In this blog, Senior Manager Katharina Vorländer explains when A1 certificates and Certificates of Coverage (CoCs) may be required, the key differences between the two documents and what employers should consider before managing international assignments.

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

Times of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks

Partner K. Edward Raleigh discusses evolving H-1B policies and the importance of long-term immigration planning for Indian professionals and US employers.

Learn more
Generic Insights

Blog post

Die Niederlassungserlaubnis nach § 9 Abs. 3a AufenthG: Ein richtiger Schritt zur schnelleren und dauerhaften Integration von Ehegatten von Fachkräften

In unserem aktuellen Blog erläutert Ruben Fiedler, wer von der Regelung profitieren kann, welche Voraussetzungen gelten und was sie für Fachkräfte und ihre Familien in Deutschland bedeutet.

Learn more

Media mentions

EB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain

Partner Gustavo Kanashiro discusses the factors driving Brazilian families’ growing interest in the EB-5 program, including wealth planning and long-term mobility.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Podcast

Immigration in South Africa

Partner Lunga Mani and Director Johannes Kgotso Tiba discuss South Africa’s evolving immigration landscape and key considerations for employers, foreign nationals and global mobility teams.

Learn more

Blog post

Recouping Immigration Costs: Are Supportive Employers at Risk of Non-Compliance?

In this blog, Director Shanaz Haque explores what sponsors should consider when recouping immigration costs — including prohibited costs, salary implications and repayment arrangements.

Learn more

Media mentions

Human Resources Director: Migrant Worker Exploitation: Why It Persists and How HR Can Act

Senior Counsel Dr. Anna Boucher discusses factors that can affect migrant workers and how HR teams can support ongoing immigration and employment compliance.

Learn more

Blog post

Europe’s New Mobility Equation: More Talent, More Oversight, More Complexity

Partner Raj Naik explores how geopolitical change, increasingly data-driven compliance and evolving talent strategies are reshaping workforce mobility across Europe.

Learn more

Awards

Partner F. Joseph Paldino and Counsel Clark Cannon Named to Utah Business’ 2026 Legal Elite

Partner F. Joseph Paldino and Counsel Clark Cannon are named to Utah Business’s 2026 Legal Elite for their contributions to immigration law.

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
August 21, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
August 21, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 21, 2026 | ChinaMainland China: Policies Relaxed for Transiting Travelers
August 21, 2026 | United StatesUnited States: DHS to Propose New H-1B and OPT Fees
August 21, 2026 | VietnamVietnam: eID Requirement Updates
August 21, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
August 21, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 21, 2026 | ChinaMainland China: Policies Relaxed for Transiting Travelers
August 21, 2026 | United StatesUnited States: DHS to Propose New H-1B and OPT Fees
August 21, 2026 | VietnamVietnam: eID Requirement Updates
August 21, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
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.