European Union: No Deal Brexit – Contingency Measures in the Area of Social Security Coordination
April 4, 2019
Countries / Territories
- 🌐
Related content
Related offices
Related content
Related offices
Related content
To prepare for a No Deal Brexit scenario, the European Parliament and the Council of the EU have adopted an EU Regulation to protect the social security rights of UK and EU citizens who have exercised their right to free movement to work before Brexit. These European measures represent an additional layer of protection to the contingency measures already adopted on a unilateral basis by a number of EU Member States, at a national level.
Key Points
One of the most severely impacted areas in case of a ‘hard’ Brexit is social security coordination in case of cross-border work. As we informed previously, with ‘Regulation (EU) 2019/500 of 25 March 2019 establishing contingency measures in the field of social security coordination following the withdrawal of the United Kingdom from the Union’ (hereafter: the Regulation), the EU wishes to protect, unilaterally, both the nationals from the UK and the Member States, the social security rights they have built up before the day Brexit comes in. The new Regulation will become applicable as from the day after UK's withdrawal from the EU and only in the event of a No Deal Brexit.
The Regulation ensures that the social security rights and entitlements of the above-mentioned nationals are protected as to facts or events that occurred, and periods of insurance, (self) employment or residence completed, before the withdrawal date, meaning that that EU Member States will unilaterally continue to apply the core principles of EU social security coordination, like equal treatment, assimilation and totalisation.
Important to note is that the Regulation:
- only contains measures limited in scope (access to social security rights or benefits);
- does not cover any periods of insurance or events occurring after Brexit;
- does not automatically guarantee payment of benefits (pensions) abroad;
- does not rule on the applicable legislation, after Brexit, giving rise to potential double social security liabilities;
- does not automatically ensure continued provision of medical care;
- does not cover cross-border workers that are Third Country Nationals.
Next steps
Considering the significant impact of a No Deal Brexit on the social security position of the global mobility workforce, including short term travellers, in terms of potentially higher social security costs and/or loss of social security entitlements (e.g. pension rights, health care coverage), companies need to re-visit the current cross-border work arrangements with UK and ensure appropriate contingency plans are set up to counter any negative impact of a No Deal Brexit.
Fragomen can help in this respect, through the integration of our contingency planning initiatives and deliverables in the area of both immigration and social security.
Countries / Territories
- 🌐
Related content
Related offices
Related content
Related offices
Related content
Explore more at Fragomen
Podcast
In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.
Blog post
In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.
Blog post
In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.
Video
In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel.
Fragomen news
Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.
Blog post
In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.
Media mentions
In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.
Media mentions
In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.
Media mentions
In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.
Podcast
In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.
Video
In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.
Media mentions
In this profile published in Michigan Law’s Law Quadrangle, Counsel Christopher Wendt discusses the role of immigration in supporting the US healthcare workforce and expanding access to civil legal aid in Minnesota.
Podcast
In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.
Blog post
In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.
Blog post
In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.
Video
In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel.
Fragomen news
Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.
Blog post
In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.
Media mentions
In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.
Media mentions
In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.
Media mentions
In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.
Podcast
In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.
Video
In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.
Media mentions
In this profile published in Michigan Law’s Law Quadrangle, Counsel Christopher Wendt discusses the role of immigration in supporting the US healthcare workforce and expanding access to civil legal aid in Minnesota.
