• Insights

Thinking Ahead: Brexit –‘No Deal’ and Social security

October 19, 2018

brexit flags

Countries / Territories

  • 🌐

Related contacts

siobhan_owers

Siobhan Owers

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9132

Related offices

  • Brussels
  • Frankfurt
  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

siobhan_owers

Siobhan Owers

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9132

Related offices

  • Brussels
  • Frankfurt
  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

siobhan_owers

Siobhan Owers

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9132

Related offices

  • Brussels
  • Frankfurt
  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Siobhan Owers

Under a ‘No Deal’ scenario, EU social security law will cease to apply to the UK as of 30 March 2019.

The UK will lose access to the European Social Security Regulations unless it remains a member of the EEA or negotiates a bilateral deal with the EU similar to the Swiss model. Remaining a member of the EEA is currently unlikely as per the current stance of Theresa May.

A ‘No Deal’ Brexit scenario would have significant and far reaching consequences for the social security entitlement of EU citizens who have worked or lived in the UK, and British citizens who have worked or lived in another EU member state.

Key Points

One of the major principles of Social Security coordination set out in EU Regulation 883/2004, is to ensure people receive the full benefit of contributions they have made.

If Brexit ends in ‘No Deal’, EU workers in the UK and British workers in a EU member state could lose their existing Social Security protections under the current reciprocal agreements, essentially becoming third country nationals overnight not eligible to benefit from free movement.

The UK Social Security system is designed to exclude third country nationals from almost all social benefits until they become permanent residents or have spent a substantial time in the UK. Without the EU regulations there would be no principle of equal treatment for third country nationals nor the principle of export of benefits. This means that there can be no aggregation of contributions made in different countries to calculate a benefit entitlement in the home country. For example, EU and British workers who have worked in both the UK and other EU member states would be at risk of losing some or all of their pension entitlement.

If ‘No Deal’ becomes reality, the UK potentially could revert to existing bilateral agreements between the UK and other EU member states, signed before joining the EU. However there are only 19 agreements signed of the 28 member states, so for many countries, including Poland, there is no fall back option. Even where there is an agreement, the contents reflect a very different time in global mobility where assignments were the exception rather then the norm. Consequently, the totalisation provisions that exist are less comprehensive and there is no principle of aggregation of contributions made in multiple countries.

Mobile employees who go on various assignments in multiple countries, paying  into multiple systems during their career, will likely suffer an impact on their benefit entitlements which they would not have done under the existing regulations.

Until new agreements are negotiated or old ones are revised (most likely some time post Brexit), mobile employees could simply be at the mercy of the domestic rules of each country in which they work; facing potential dual liabilities and a fragmented contribution record.

How We Can Help

Companies need to actively prepare for the real possibility of ‘No Deal’ now, and what this could means from a cost, operational and risk perspective.

Fragomen can assist with preparing a robust framework for tracking employees impacted by Brexit, ensuring that individuals affected understand the potential issues in respect of their benefits entitlement.

Our global integrated processes reduce client exposure to risks and non-compliance in a post Brexit Europe. This ultimately maximises corporate saving and supports day one compliance from social security perspective

For any social security related questions, please email [email protected] or contact Siobhan Owers or Wim Cocquyt.

 

Countries / Territories

  • 🌐

Related contacts

siobhan_owers

Siobhan Owers

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9132

Related offices

  • Brussels
  • Frankfurt
  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

siobhan_owers

Siobhan Owers

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9132

Related offices

  • Brussels
  • Frankfurt
  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

siobhan_owers

Siobhan Owers

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9132

Related offices

  • Brussels
  • Frankfurt
  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

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
August 3, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 4, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
August 4, 2026 | United StatesComment on DHS Proposed Rule on Discretionary Employment Authorization
August 3, 2026 | AustraliaAustralia: New Processing Priorities for Certain Visas Announced
August 3, 2026 | ColombiaColombia: Processing Delays and Increased Scrutiny Affecting Work Visa Applications
August 3, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 4, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
August 4, 2026 | United StatesComment on DHS Proposed Rule on Discretionary Employment Authorization
August 3, 2026 | AustraliaAustralia: New Processing Priorities for Certain Visas Announced
August 3, 2026 | ColombiaColombia: Processing Delays and Increased Scrutiny Affecting Work Visa Applications
August 3, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
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.