Post-Brexit

For short stays, a post-Brexit solution has been found. Deal or no-deal, the European Commission on 4 April 2019 unilaterally adopted the visa-free system for UK travellers. We are still waiting for the formal text. One note of caution on the visa-free programme: as the length and purpose of stay is limited, if travelling for work, all the appropriate documents which may be required by member states must be prepared.

For long stays – more than 90 days out of 180 days – rules will change depending on deal or no-deal. The EC has consistently made clear that protecting the residence and work rights of UK people living in the EU is a priority, and that member states should take a generous approach to UK citizens’ rights.

The draft withdrawal agreement grants a transition period until 31 December 2020, during which the rights of UK nationals will be ensured under current EU legislation. The mobility part of the draft withdrawal agreement governs the conditions of entry and exit (Article 14), the right of permanent residence after a continuous five-year period (Article 15), the accumulation of residence periods (Article 16 ), the issuance of residence documents (Articles 18 and 19 ), restrictions on residence (Article 20), and equality of treatment (Article 23).

Two texts are our legal references for the immigration part of the draft withdrawal agreement:

• the Treaty on the Functioning of the European Union (TFEU) – the articles covering freedom to move and reside, workers’ rights and freedom of movement, and rights for self-employed persons
• Directive 2004/38/EC.

In the case of a no-deal Brexit, plans differ between EU member states. However, one common basis – Regulation n°2018/1806 – lists the third countries whose nationals must have visas when crossing the external borders.

ESTIA (European Travel Information and Authorization System) is an electronic system for tracking visitors from countries who do not need a visa to enter the Schengen Zone. The EU27 has built up various contingency measures to ensure continued legal residence under the no-deal scenario for UK citizens residing legally in an EU member state, and for UK newcomers.