Important Updates
Important Updates
June 12, 2025 | SingaporefDi Intelligence: Mind Games | Nations Are Cherry Picking Top Foreign Talent
June 13, 2025 | ArgentinaGlobal Mobility Lawyer: Argentina’s Tightened Rules for Travellers Raise Compliance Bar
June 13, 2025 | Belgium, Netherlands, United KingdomVRT NWS: Veroordeeld voor bellen achter het stuur? Dan krijg je soms geen vergunning om naar het Verenigd Koninkrijk te reizen
June 12, 2025 | ArgentinaArgentina: Immigration System Overhaul Restricts Services, Tightens Controls, and Introduces New Citizenship Pathway
June 12, 2025 | CanadaCanada: New Immigration Streams for Refugees and Displaced Persons
June 12, 2025 | SingaporefDi Intelligence: Mind Games | Nations Are Cherry Picking Top Foreign Talent
June 13, 2025 | ArgentinaGlobal Mobility Lawyer: Argentina’s Tightened Rules for Travellers Raise Compliance Bar
June 13, 2025 | Belgium, Netherlands, United KingdomVRT NWS: Veroordeeld voor bellen achter het stuur? Dan krijg je soms geen vergunning om naar het Verenigd Koninkrijk te reizen
June 12, 2025 | ArgentinaArgentina: Immigration System Overhaul Restricts Services, Tightens Controls, and Introduces New Citizenship Pathway
June 12, 2025 | CanadaCanada: New Immigration Streams for Refugees and Displaced Persons
June 12, 2025 | SingaporefDi Intelligence: Mind Games | Nations Are Cherry Picking Top Foreign Talent
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
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
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • 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

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • Insights

Brexit: What if There is No Deal?

September 7, 2018

brexit flags

Countries / Territories

  • 🌐

Related offices

  • Brussels (Benelux)
  • Dublin
  • Frankfurt

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brussels (Benelux)
  • Dublin
  • Frankfurt

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brussels (Benelux)
  • 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 (Benelux)
  • Dublin
  • Frankfurt

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brussels (Benelux)
  • Dublin
  • Frankfurt

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brussels (Benelux)
  • Dublin
  • Frankfurt

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Germany’s Police Clearance Certificate in 2025: Updated Apostille and Certification Process

In this blog, Maja Sugui and Priyanka Gadekar explain how to obtain a Police Clearance Certificate in Germany, and the changes for the apostille and final certification request in 2025.

Learn more

Media mentions

Global Mobility Lawyer: Argentina’s Tightened Rules for Travellers Raise Compliance Bar

Country Manager María Inés Menvielle outlines Argentina’s updated immigration rules and their implications for business and foreign talent.

Learn more

Media mentions

VRT NWS: Veroordeeld voor bellen achter het stuur? Dan krijg je soms geen vergunning om naar het Verenigd Koninkrijk te reizen

Client Engagement Manager Soraya Driessen explains how recent or serious convictions may affect UK ETA approval and what options are available to applicants.

Learn more

Media mentions

fDi Intelligence: Mind Games | Nations Are Cherry Picking Top Foreign Talent

Partner Mark Buchanan says governments across Asia-Pacific are tightening visa rules while supporting key industries vital to economic growth.

Learn more

Media mentions

Frankfurt Managing Partner Axel Boysen Recognized in The Best Lawyers™ Germany 2026

Frankfurt Managing Partner Axel Boysen is recognized in the 2026 edition of The Best Lawyers™ in Germany.

Learn more

Media mentions

Construction News: The Immigration White Paper: What Builders Need to Know

Senior Associate Clara Gautrais and Immigration Paralegal Sean Pearce outline the impact of new visa skill requirements and sponsorship rules on UK construction firms.

Learn more

Video

European Club Season Wrap Up & Looking Forward to the 2025 Club World Cup | #FragomenFCLearn more

Media mentions

Irish Legal News: Fragomen Opens Second Office in Cork

This article in Irish Legal News covers the firm's recent announcement of its new office opening in Cork, Ireland.

Learn more
Generic Insights

Media mentions

Kiplinger: Retire in Finland and Live the Nordic Dream

Director Audrey Morew outlines how US retirees may apply for Finnish residency under the “residence permit on other grounds” route.

Learn more

Media mentions

Bloomberg: UK’s Visa Crackdown Leaves City of London Immigrants in Limbo

Partner Louise Haycock explains how the UK’s decision to double the qualifying period for Indefinite Leave to Remain is creating uncertainty for international talent and increasing pressure on employers.

Learn more

Fragomen news

Fragomen Appoints Partner Daniel Brown to Lead its WorkRight U.S. I-9 Technology Solution

Fragomen announces the appointment of Partner Daniel Brown to the position of Chief Executive Officer of WorkRight U.S., the firm’s I-9 employee verification technology.

Learn more

Fragomen news

Fragomen Ranked in Chambers USA 2025

Fragomen earned top rankings in Chambers USA 2025, with Band 1 recognition nationally.

Learn more

Blog post

Germany’s Police Clearance Certificate in 2025: Updated Apostille and Certification Process

In this blog, Maja Sugui and Priyanka Gadekar explain how to obtain a Police Clearance Certificate in Germany, and the changes for the apostille and final certification request in 2025.

Learn more

Media mentions

Global Mobility Lawyer: Argentina’s Tightened Rules for Travellers Raise Compliance Bar

Country Manager María Inés Menvielle outlines Argentina’s updated immigration rules and their implications for business and foreign talent.

Learn more

Media mentions

VRT NWS: Veroordeeld voor bellen achter het stuur? Dan krijg je soms geen vergunning om naar het Verenigd Koninkrijk te reizen

Client Engagement Manager Soraya Driessen explains how recent or serious convictions may affect UK ETA approval and what options are available to applicants.

Learn more

Media mentions

fDi Intelligence: Mind Games | Nations Are Cherry Picking Top Foreign Talent

Partner Mark Buchanan says governments across Asia-Pacific are tightening visa rules while supporting key industries vital to economic growth.

Learn more

Media mentions

Frankfurt Managing Partner Axel Boysen Recognized in The Best Lawyers™ Germany 2026

Frankfurt Managing Partner Axel Boysen is recognized in the 2026 edition of The Best Lawyers™ in Germany.

Learn more

Media mentions

Construction News: The Immigration White Paper: What Builders Need to Know

Senior Associate Clara Gautrais and Immigration Paralegal Sean Pearce outline the impact of new visa skill requirements and sponsorship rules on UK construction firms.

Learn more

Video

European Club Season Wrap Up & Looking Forward to the 2025 Club World Cup | #FragomenFCLearn more

Media mentions

Irish Legal News: Fragomen Opens Second Office in Cork

This article in Irish Legal News covers the firm's recent announcement of its new office opening in Cork, Ireland.

Learn more
Generic Insights

Media mentions

Kiplinger: Retire in Finland and Live the Nordic Dream

Director Audrey Morew outlines how US retirees may apply for Finnish residency under the “residence permit on other grounds” route.

Learn more

Media mentions

Bloomberg: UK’s Visa Crackdown Leaves City of London Immigrants in Limbo

Partner Louise Haycock explains how the UK’s decision to double the qualifying period for Indefinite Leave to Remain is creating uncertainty for international talent and increasing pressure on employers.

Learn more

Fragomen news

Fragomen Appoints Partner Daniel Brown to Lead its WorkRight U.S. I-9 Technology Solution

Fragomen announces the appointment of Partner Daniel Brown to the position of Chief Executive Officer of WorkRight U.S., the firm’s I-9 employee verification technology.

Learn more

Fragomen news

Fragomen Ranked in Chambers USA 2025

Fragomen earned top rankings in Chambers USA 2025, with Band 1 recognition nationally.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.