Brexit - What happens after the transition periode? Impact on the mobility of people
In this issue, Athena Law & Strategy summarises from UK and EU perspective the impacts on the mobility of people after the transitional period foreseen in the withdrawal agreement signed on 24 January 2020 by the British government and EU. United Kingdom and the EU have set for 31 December 2020 the definitive end date of the transition period.
The newsletter reflects the information available on 11 December 2020.
Due to uncertainties related to the outcome of the current round of negotiation between the UK and the UE, information is subject to evolution. Athena Law & Strategy will keep you updated about this latest development.
I. (Im)migration
A. Residence
1) Free short-term visa
As from 1 January 2021, waiving short-term visa program is confirmed for both EU and British citizens and their family members upon the condition that the sojourn will not exceed 90 days.
2) Long-term residence
EU citizens in the UK already residing on 31 December 2020: the EU (pre-)settlement scheme.
In pursuance of the withdrawal agreement on the citizen’s right aspect, British authorities have put in place a specific EU settlement scheme for the EU citizens living continuously and lawfully in the UK by 31 December 2020 and for at least 5 years. Those EU citizens can then apply for the EU (pre-) settlement status until 30 June 2021. Holder of an EU settlement status can enter and leave the UK without any further formality.
UK citizens who already reside lawfully in the EU by 31 December 2020 are or will soon be invited by the local municipality of residence to apply for a new kind of residence permit (in Belgium, M card and N card for frontier workers).
As from 1 January 2021, EU citizens moving to the UK and vice a versa: common third country national treatment
As “new” EU immigrants in the UK, they will be treated as third country national and need to obtain a certain kind of long-term visa depending on the goal of their residence (work visa, study visa, family reunification visa…).
The same principle will apply for “new” UK immigrants in any given EU country.
B. Work
After the transition period, the UK will implement its own skill-based immigration system (the so-called skilled worker route). EU nationals will be subject to the same rules as other third-country nationals for whom the chosen immigration already applied (formerly known as Tier 2 visas). All non-British nationals who apply for an occupation will need to meet enough points by criteria (know-how/skill, Command of English language, sponsoring of a (British) employer).
Similarly, UK worker will also need to apply for a (single) work and residence authorisation in the chosen EU country.
C. Study
After the transition period, all EU applicants need to take and pass the points-based student visa route.
One of the most notable consequences of this assimilation of EU students to “international students” = third country national student, EU student will face increased tuition fees and miss the advantages allowed to British students (e.g. access to grants, student loans…).
British students need to apply for a student visa just like any third country national student. This implies that facilities accorded to them in their former quality of European students will cease.
II. Mobility rights - Personal income tax
Fortunately, we might say, Brexit has no significant impact (at least not directly) in the context of personal (professional)income taxation of people moving from both side of the Channel.
Indeed, the designation of the applicable tax legislation is ruled for decades by bilateral treaty between the UK and each EU country.
Question?
Should you have questions or specific query about how post Brexit will affect your personal situation or how this will impact the management of your workforce, simply get in touch with our Brexit specialist, Marc Mostin m.mostin@athenalaw.be