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 personsDirective 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.

With 45,000 UK citizens residing there, the Netherlands authorities have taken steps to be fully prepared for Brexit and are ahead of sched­ule­Bas­isreg­is­tratie PersonenIn a no-deal situation, the Netherlands offers the following measures:UK nationals who have a right of residence in the Netherlands on 29 March 2019 can also stay after a no-deal Brexit.a national transition scheme: temporary residence permits valid up to 30 June 2020. under this transition scheme, UK nationals retain their rights to live, work and study in the Netherlands. During the transition period, a new national residence permit must be applied for and applicants must meet the same conditions for residence applicable to EU citizens (free access to the labour market and no civic integration requirement).

France has identified 152,000 UK nationals as residents in French territory. The milestone dates shown in the table apply. Citoyen Union européen­nemedi­umUn­der the withdrawal deal, the same conditions would apply in France as in the past:recognition of a permanent right of residence: five-year continuous residency in France. residency permit: same criteria as for current EU nationals, valid up to five years. In France citoyen Union européenne res­id­ency permits will be valid until the end of the year 2020. In the case of a deal, a new residency will be issued; under no-deal, UK citizens have six months following Brexit to lodge a residency application. Carte de residentBut to anticipate a no-deal Brexit, France has issued several legislative and regulatory measures. The Ordinance of 6 February 2019 governs the rights of UK citizens in France, including:after five years’ continuous residence in France, UK nationals will receive a 10-year residence card (carte de resident) for themselves and their dependents. This carte de resident will also replace the UK nationals’ current carte de resident permanent. less than five years’ residence in France: common-law residency permit depending on the situation of the applicants, but multi-year validity immediately and under a simplified process and documentation. no long-term visa entry and no CIR requirements (integration scheme) will be required from UK nationals.A specific reception system is being developed to handle future requests. An online approach to ease the process is possible, along with just one single passage at Prefectures.