Brexit May Impact UK Posted Workers Differently than Locally-Hired UK Nationals

The situation

As a reminder, UK national posted workers are not covered by the Withdrawal Agreement. As a result, EU countries may impose different registration and work permit rules to posted workers than to locally-employed individuals before and after the end of the transition period on December 31, 2020. These and future differences will be posted on the consolidated Brexit alert page.

A closer look

Some key examples of the differing rules for posted workers include the below:

• France. If UK national posted workers in France started their assignment before January 1, 2021, they will be able to complete the initial duration of their posting, but extensions will require a visa/work permit.
• Czech Republic. UK national workers posted to the Czech Republic can complete postings that started before December 31, 2020. Subsequently, they require a work permit.
• Netherlands. UK nationals posted to the Netherlands under free movement of services before December 31, 2020 cannot continue their posting after January 1, 2021. These individuals will require standard work authorization unless specific provisions are agreed in the Brexit negotiations.

 

Impact

• UK nationals in EU countries. UK nationals seeking to continue working and residing in their current EU country of residence past December 31, 2020 should ensure that they take the necessary steps to prove their residency prior to the end of the transition period, register or apply for immigration status.
• Special rules for cross-border workers, posted workers and self-employed.
  • Cross-border workers (also called commuters) are protected under the Withdrawal Agreement if their activities started prior to December 31, 2020. EU countries may, however, limit the scope of this protection to individuals holding a local employment contract
  • UK national posted workers in EU countries under free movement of services and their employers should anticipate special rules that may apply to them, as they will likely be required to obtain work authorization after December 31, 2020.
  • Self-employed individuals should double-check migration requirements based on where their business is registered, combined with local regulations related to self-employment.
• Social security rules. Fragomen urges all UK nationals to take the necessary steps to ensure their social security status reflects their employment situation

 

Background

Under the EU-wide transition period, UK nationals and their family members arriving until December 31, 2020 can continue to register as EU nationals in all EU Member States.

After December 31, 2020, individuals require a new proof of status, based on Article 50 of the Withdrawal Agreement. Many EU Member States are still developing relevant application processes. 

Looking ahead

Fragomen will provide updates on the situation as they become available, on the consolidated Brexit alert page.

Please contact a Fragomen immigration professional for assistance in planning contingency arrangements in a single project.

For more information, please visit Fragomen's dedicated Brexit site, which contains news, FAQs, and analysis/commentary in the form of blogs, videos, webcasts and events. 

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].