In anticipation of a “No Deal Brexit,” the United Kingdom announced new border controls and immigration options, or “schemes,” for European Union citizens leading up to the effective date of Brexit on October 31, 2019, after Brexit before December 31, 2020, and in the future without free movement between the European Union and the United Kingdom. 

1. Tougher Border Controls and U.K. Criminality Threshold for Deportation of European Union Citizens: The United Kingdom government indicated their plan to increase enforcement of U.K. immigration laws and border controls and treat criminality more seriously as a ground for deportation.
2. Pre-Brexit Options for European Union Citizens: European Union citizens arriving and living in the U.K. before the effective date of Brexit of October 31, 2019, have until at least December 31, 2020 to apply under the EU Settlement Scheme, which is a more streamlined process with less burdensome requirements than will be available post-Brexit or to non-European Union citizens.
3. European Temporary Leave to Remain (Euro TLR): After Brexit on October 31, 2019, but before December 31, 2020, European Union citizens may apply for a new U.K. immigration scheme called “European Temporary Leave to Remain (Euro TLR), which may be issued valid for up to three (3) years to reside in the United Kingdom. After December 31, 2020, European Union citizens who did not apply for Euro TLR are anticipated to require application for U.K. immigration status without any preferential treatment compared to non-European Union citizens.
4. Plans for a Points-Based Immigration System: The U.K. government announcement included plans or a desire of the current U.K. government for a merit points-based immigration system, referencing Australia’s immigration system, which will purportedly not discriminate or provide preferential treatment on the basis of an applicant’s citizenship.
5. Irish Citizens Should Not Be Significantly Impacted from an Immigration Perspective: Different from other European Union citizens, Irish citizens should continue to have greater rights than other EU Member States due to existing Common Travel Area agreements which grant Irish citizens the right to enter, live, and work in the United Kingdom without requesting permission or affirmatively securing a particular U.K. immigration status.

More information and the full government announcement may be found on the U.K. government website here. 

Foster will continue to monitor developments associated with Brexit as impacting U.K. immigration options for individuals and businesses and will make future Immigration Updates© available via our website.