• 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

Media mentions

Times Higher Education: UK Student Visa Applications Fall in October

Senior Manager Jonathan Hill discusses factors behind the decline in UK student visa applications, including recruitment restrictions, rising costs and changes to post-study work rights.

Learn more

Fragomen news

Comment on USCIS’s Proposed Rule to Eliminate Deference to Prior ApprovalsLearn more

Fragomen news

Fragomen Appoints Timo Heck as Managing Partner of DACH Region

Fragomen has appointed Timo Heck as Managing Partner of the DACH region, encompassing Germany, Austria and Switzerland.

Learn more

Awards

Fragomen Professionals Recognized in the 2027 Edition of The Best Lawyers in Mexico™

Eight professionals in Fragomen’s Mexico City office have been recognized in the 2027 edition of The Best Lawyers in Mexico™ for Immigration Law.

Learn more

Blog post

How Employers Can Support Integration and Retain International Talent in Germany

Senior Manager Katharina Vorländer explores how employers in Germany can look beyond the initial immigration process to support integration, long-term stability and the retention of international talent.

Learn more

Media mentions

Scottish Legal News: Scotland’s Investment Ambitions Depend on Workforce Readiness

Director Kelly Hardman explores why workforce planning is essential to Scotland’s investment ambitions and long-term economic growth.

Learn more

Fragomen news

Comment on DHS Proposal to Eliminate the 60-day Grace PeriodLearn more

Fragomen news

Comment on DHS proposal to impose up to $100,000 in Optional Practical Training FeesLearn more

Media mentions

Human Resources Director: Fixed-Term Contract Limits Squeeze Visa Sponsorship, Research Warns

Co-authors Partner Charles Johanes, Senior Counsel Anna Boucher and Allens Partner Tarsha Gavin explore the intersection of Australia’s migration and employment laws and the implications for employers sponsoring temporary visa holders.

Learn more

Media mentions

Prawo: Pracodawca na pierwszej linii: jak reforma zatrudniania cudzoziemców przesuwa odpowiedzialność na firmy

Partner Karolina Schiffter examines how Poland’s proposed foreign employment reforms could increase employers’ administrative and compliance responsibilities.

Learn more

Blog post

Trusted Digital Identity Is Critical Infrastructure for Global Mobility

In the first blog in a new series, Managing Director, Digital Identity Amit Sharma explores why trusted digital identity is becoming increasingly important to global mobility, how reusable digital credentials could work and why interoperability across systems and jurisdictions will be critical.

Learn more

Blog post

UK Global Talent Visa vs Innovator Founder Visa: A Guide for Tech Professionals, Researchers and Founders

Senior Associate Amelia Haynes compares the UK’s Global Talent and Innovator Founder visa routes, examining who each route may suit, the evidence required, professional flexibility and potential pathways to settlement.

Learn more

Media mentions

Times Higher Education: UK Student Visa Applications Fall in October

Senior Manager Jonathan Hill discusses factors behind the decline in UK student visa applications, including recruitment restrictions, rising costs and changes to post-study work rights.

Learn more

Fragomen news

Comment on USCIS’s Proposed Rule to Eliminate Deference to Prior ApprovalsLearn more

Fragomen news

Fragomen Appoints Timo Heck as Managing Partner of DACH Region

Fragomen has appointed Timo Heck as Managing Partner of the DACH region, encompassing Germany, Austria and Switzerland.

Learn more

Awards

Fragomen Professionals Recognized in the 2027 Edition of The Best Lawyers in Mexico™

Eight professionals in Fragomen’s Mexico City office have been recognized in the 2027 edition of The Best Lawyers in Mexico™ for Immigration Law.

Learn more

Blog post

How Employers Can Support Integration and Retain International Talent in Germany

Senior Manager Katharina Vorländer explores how employers in Germany can look beyond the initial immigration process to support integration, long-term stability and the retention of international talent.

Learn more

Media mentions

Scottish Legal News: Scotland’s Investment Ambitions Depend on Workforce Readiness

Director Kelly Hardman explores why workforce planning is essential to Scotland’s investment ambitions and long-term economic growth.

Learn more

Fragomen news

Comment on DHS Proposal to Eliminate the 60-day Grace PeriodLearn more

Fragomen news

Comment on DHS proposal to impose up to $100,000 in Optional Practical Training FeesLearn more

Media mentions

Human Resources Director: Fixed-Term Contract Limits Squeeze Visa Sponsorship, Research Warns

Co-authors Partner Charles Johanes, Senior Counsel Anna Boucher and Allens Partner Tarsha Gavin explore the intersection of Australia’s migration and employment laws and the implications for employers sponsoring temporary visa holders.

Learn more

Media mentions

Prawo: Pracodawca na pierwszej linii: jak reforma zatrudniania cudzoziemców przesuwa odpowiedzialność na firmy

Partner Karolina Schiffter examines how Poland’s proposed foreign employment reforms could increase employers’ administrative and compliance responsibilities.

Learn more

Blog post

Trusted Digital Identity Is Critical Infrastructure for Global Mobility

In the first blog in a new series, Managing Director, Digital Identity Amit Sharma explores why trusted digital identity is becoming increasingly important to global mobility, how reusable digital credentials could work and why interoperability across systems and jurisdictions will be critical.

Learn more

Blog post

UK Global Talent Visa vs Innovator Founder Visa: A Guide for Tech Professionals, Researchers and Founders

Senior Associate Amelia Haynes compares the UK’s Global Talent and Innovator Founder visa routes, examining who each route may suit, the evidence required, professional flexibility and potential pathways to settlement.

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 InsightsView 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
  • 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
November 12, 2026 | MexicoFragomen Professionals Recognized in the 2027 Edition of The Best Lawyers in Mexico™
November 13, 2026 | CanadaCanada: 2027–2029 Immigration Levels Plan Maintains Overall Targets and Adds Permanent Residence Spaces
November 13, 2026 | United KingdomTimes Higher Education: UK Student Visa Applications Fall in October
November 12, 2026 | United StatesComment on USCIS’s Proposed Rule to Eliminate Deference to Prior Approvals
November 12, 2026 | Austria, Germany, SwitzerlandFragomen Appoints Timo Heck as Managing Partner of DACH Region
November 12, 2026 | MexicoFragomen Professionals Recognized in the 2027 Edition of The Best Lawyers in Mexico™
November 13, 2026 | CanadaCanada: 2027–2029 Immigration Levels Plan Maintains Overall Targets and Adds Permanent Residence Spaces
November 13, 2026 | United KingdomTimes Higher Education: UK Student Visa Applications Fall in October
November 12, 2026 | United StatesComment on USCIS’s Proposed Rule to Eliminate Deference to Prior Approvals
November 12, 2026 | Austria, Germany, SwitzerlandFragomen Appoints Timo Heck as Managing Partner of DACH Region
November 12, 2026 | MexicoFragomen Professionals Recognized in the 2027 Edition of The Best Lawyers in Mexico™
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.