• Insights

Home Office Clarifies Position on EU Nationals During Brexit Transition

February 28, 2018

insight-news-default

Country / Territory

  • United KingdomUnited Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • The Home Office has set forth its position on EU nationals arriving in the United Kingdom during the Brexit transition period, which begins after the United Kingdom officially withdraws from the European Union on March 29, 2019.
  • The Home Office is proposing that EU nationals and their family members be able to move to the United Kingdom during this transition period on the same basis as they do now. This would also apply to UK nationals moving to the European Union during this period.
  • This proposal will be subject to negotiation with the European Union.

The situation

The Home Office has set forth a proposal on the rights of EU citizens in the United Kingdom during the Brexit transition period. This position will be negotiated with the European Union over the coming months.

A closer look

  • UK position on transition period.
    • The Home Office is proposing that EU nationals and their family members be able to move to the United Kingdom during the transition period after Brexit (March 29, 2019), on the same basis that they do today.
    • There would be no new constraints on EU nationals working or studying in the United Kingdom during this period.
    • This would also apply to UK nationals moving to the European Union during this period.
  • Registration.
    • EU nationals and their family members who arrive in the United Kingdom during the transition period and who choose to stay for more than three months would enter their names in a new registration system.
    • Irish nationals would not be required to register in the system.
  • After transition period. EU nationals and their family members who arrive, are residents in the United Kingdom and have registered during the transition period, would be offered the following rights after the transition period ends:
    • Indefinite leave to remain. These EU nationals would become eligible for indefinite leave to remain after they have spent five continuous years in the United Kingdom and maintained lawful residence.
    • Temporary status. These EU nationals would be able to remain lawfully in the United Kingdom while working, studying, or being self-sufficient (as defined by EU law) for the five years needed to apply for indefinite leave to remain.
  • Family members’ rights. Family members would be able to join the above EU nationals in the United Kingdom after the transition period in line with rules in place for British nationals.
  • Applications. Applications for status under this policy could be made during or within three months after the transition period.

 

Impact for EU nationals

The application process for temporary status and indefinite leave to remain would give EU nationals the ability to remain in the United Kingdom in a preferred status after the transition period ends.

EU nationals who arrive in the United Kingdom after the implementation period will be able to benefit from any more favorable aspects of these rules, if more favorable rules are implemented.

Background

The United Kingdom and the European Union are currently negotiating the terms of a transition period which will begin on March 29, 2019.

The United Kingdom's original position, under which EU nationals could enter during transition but may have been expected to stay, was troubling for employers. Ian Robinson set out the challenges in his Times article of February 15.

The purpose of the transition period is to give people, businesses and public services in the United Kingdom and across the European Union the time required to implement new arrangements to adjust to the future relationship.

Looking ahead

This proposal by the Home Office will be discussed during negotiations between the European Union and the United Kingdom in March 2018.

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].

Country / Territory

  • United KingdomUnited Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

The PIE: UK Unis Must Treat Compliance as “Strategic Institutional Risk”

Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.

Learn more

Blog post

UK Immigration Reforms and Their Impact on the Engineering Talent Pipeline

In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.

Learn more

Media mentions

Irish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles

Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.

Learn more

Blog post

Understanding EU-Turkey Association Rights for Workers and Families in Germany

Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.

Learn more

Media mentions

Konfederacja Lewiatan: Ekspertyza przedstawiająca skutki zmian legislacyjnych oraz ich praktyczne konsekwencje dla osób objętych ochroną czasową

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain Polish legislative changes affecting residence rights, employment authorization and long-term immigration pathways.

Learn more
Generic Insights

Media mentions

Deutscher AnwaltSpiegel: Internationale Rekrutierung ist eine Compliancefrage

Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

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.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

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.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

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.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

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. 

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

The PIE: UK Unis Must Treat Compliance as “Strategic Institutional Risk”

Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.

Learn more

Blog post

UK Immigration Reforms and Their Impact on the Engineering Talent Pipeline

In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.

Learn more

Media mentions

Irish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles

Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.

Learn more

Blog post

Understanding EU-Turkey Association Rights for Workers and Families in Germany

Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.

Learn more

Media mentions

Konfederacja Lewiatan: Ekspertyza przedstawiająca skutki zmian legislacyjnych oraz ich praktyczne konsekwencje dla osób objętych ochroną czasową

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain Polish legislative changes affecting residence rights, employment authorization and long-term immigration pathways.

Learn more
Generic Insights

Media mentions

Deutscher AnwaltSpiegel: Internationale Rekrutierung ist eine Compliancefrage

Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

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.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

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.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

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.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

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. 

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
July 1, 2026 | South AfricaSouth Africa: Increased Immigration Enforcement Actions Targeting Undocumented Foreign Workers
July 1, 2026 | India India: Electronic Overseas Citizen of India Card Launch to Reduce Administrative Hurdles and Streamline Entry
July 1, 2026 | United StatesBloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges
July 1, 2026 | IndonesiaIndonesia: Processing Delays Following Ongoing Anti-Corruption Investigations
July 1, 2026 | PanamaPanama: Visa-Free Entry Introduced for Dominican Nationals
July 1, 2026 | South AfricaSouth Africa: Increased Immigration Enforcement Actions Targeting Undocumented Foreign Workers
July 1, 2026 | India India: Electronic Overseas Citizen of India Card Launch to Reduce Administrative Hurdles and Streamline Entry
July 1, 2026 | United StatesBloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges
July 1, 2026 | IndonesiaIndonesia: Processing Delays Following Ongoing Anti-Corruption Investigations
July 1, 2026 | PanamaPanama: Visa-Free Entry Introduced for Dominican Nationals
July 1, 2026 | South AfricaSouth Africa: Increased Immigration Enforcement Actions Targeting Undocumented Foreign Workers
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.