The UK will leave the EU at 11.00pm on 29 March 2019 unless the EU agrees to extend the two-year Article 50 period, a withdrawal agreement is concluded with a later commencement date, or the UK revokes the Article 50 notice. On leaving, the EU treaties will cease to apply to the UK. The greatest practical implication for employers is the likely change to the right of freedom of movement of EEA nationals following Brexit – “the known unknown”.
Much has been written about the ongoing rights of EU citizens in the UK (and the reciprocal rights of British citizens in the EU), with part two of the draft withdrawal agreement of 19 March 2018 providing the clearest indication so far of citizens' rights post-Brexit. But what about those who will not have entered the UK before the end of the implementation period on 31 December 2020, the point at which free movement between the UK and the EU will come to an end?
Recently, both the Prime Minister and Home Secretary have set out that stricter immigration rules will come into place after Brexit, announcing proposals for a single immigration system that treats people from EU countries the same as those from non-EU countries. Currently, EU rules on freedom of movement allows people from the European Economic Area – all EU countries, as well as Norway, Iceland and Liechtenstein – plus Switzerland, to travel and work in the UK without visas, regardless of their skills. For the rest of the world, specific categories of visas are needed for people to come and work or study in the UK, including one for "skilled workers" who usually have to earn at least £30,000 and have a job offer before coming to the UK. A single immigration system would result in highly skilled workers being given priority while low-skilled immigration would be curbed. When asked whether exemptions would be made for industries requiring high levels of unskilled labour, Mrs May is reported as saying that the plan would recognise "the further needs of the economy" but that there would not be "lots of exemptions" for different sectors. However, the government’s commitment to reducing net migration would remain, and the Prime Minister went on to suggest that a future trade deal with the EU could include an agreement on "mobility" of each other's workers. So, the “known unknowns” continue to be unknown and will do possibly up till 19 March 2019 when we potentially face the cliff edge!
