SWITZERLAND – End of Work Permit Quotas for Bulgarian and Romanian Nationals

Effective 1 June 2019, the safeguard clause imposing quotas on residence permits for nationals of Bulgaria and Romania (EU2) will no longer apply.

Read more here:

UNITED KINGDOM – Government Publishes Plan for EU Citizens Arriving After No-Deal Brexit

On 28 January 2019, the UK Home Office published a policy paper outlining its proposals for how it will treat EU citizens arriving in the UK after a no-deal Brexit.

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BREXIT – The State of Play for Citizens’ Rights [UPDATED]

[This post has been updated to reflect the release of the UK government’s Statement of Intent on the EU Settlement Scheme on 21 June 2018.]

When it comes to Brexit, one of the EU27’s core negotiating principles, as set out in the European Council’s April 2017 negotiating guidelines, is that “nothing is agreed until everything is agreed”. As of now, there is no legally binding withdrawal agreement between the UK government and the EU27, and so any statements from either side are positions or proposals, subject to further negotiation.

Here we look at the UK government’s and the EU27’s policy positions on citizens’ rights today, and how they got to this point. We then suggest some actions that those affected should consider taking in light of these negotiating positions.

Read more here:

BREXIT – The State of Play for Citizens’ Rights [UPDATED]

The information in this alert was provided by Newland Chase.

 

UNITED KINGDOM – Croatian Worker Restrictions Lifted from 30 June 2018

The current work authorisation requirements for Croatian workers in the UK will be lifted on 30 June 2018.

Read more here:

UNITED KINGDOM – Croatian Worker Restrictions Lifted from 30 June 2018

The information in this alert was provided by Newland Chase.

BREXIT – The State of Play for Citizens’ Rights

Here we look at the UK government’s and the EU27’s policy positions on citizens’ rights today, and how they got to this point. We then suggest some actions that those affected should consider taking in light of these negotiating positions.

Read more here:

BREXIT – The State of Play for Citizens’ Rights

 

SWITZERLAND – Government Invokes “Safeguard Clause” to Impose Quota on Residence Permits for Bulgarian and Romanian Nationals

  • From 1 June 2017, nationals of Bulgaria and Romania (EU-2) will be subject to a new annual quota of 996 long-term B permits, released quarterly.
  • The Swiss Federal Council announced on 10 May 2017 that it would impose the quota, invoking the “safeguard clause” provided for in its bilateral treaty with the EU.

Read more here:

Newland Chase provides specialist immigration services worldwide.

CIBT is a world leader in short-term outbound visa requirements for expats and businesses.

Brexit – What Now For EEA & Swiss Nationals In The UK?

Dearson Winyard has posted a helpful summary of the current situation for EEA and Swiss nationals in the United Kingdom, in light of Brexit, on their blog.

Read more here:

Brexit – What Now For EEA & Swiss Nationals In The UK?

 

SWITZERLAND – Free Movement Agreement Extended to Croatians

On 16 December 2016, the Swiss government ratified Protocol III, extending the Agreement on the Free Movement of Persons) to Croatia from 1 January 2017. This means that Croatians are entitled to work in Switzerland under transitional provisions, similar to nationals of the EU-8 countries (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia) and EU-2 (Bulgaria, Romania) previously.

Read more here:

SWITZERLAND – Free Movement Agreement Extended to Croatians

This alert was drafted using information provided by Sgier und Partner.

UNITED KINGDOM – Possible Immigration Implications of the UK Vote to Leave the European Union

On Thursday 23 June 2016, a majority of the United Kingdom (UK) electorate voted to leave the European Union (EU) in a non-binding referendum. The result was 52% for Leave, 48% for Remain, on a turnout of 72% of potential voters.

The Prime Minister, David Cameron, has resigned, with effect from October. As of today, the UK government has not notified the European Council of any decision to leave the European Union (the next step in under Article 50 of the Lisbon Treaty once such a decision is made). Even once this notification is made, negotiations on the terms of the UK’s exit might take up to two years.

Until any withdrawal agreement is implemented, the legal situation of EU nationals currently living and working in the UK, and UK nationals resident in other EU countries, will not have legally changed.

However, any decision to leave and subsequent negotiations are likely to fundamentally change the UK immigration landscape, since the EU principle of freedom of movement of people would no longer apply to the UK.

How Could Immigration be Affected?

From an immigration perspective, many questions remain unanswered. Future migration from the EU into Britain, and in the other direction, would largely depend on the terms of the deal the UK makes with the EU.

Once outside the EU, and depending on the terms of any agreement with the EU, the UK could implement a new set of immigration rules, restricting future EU migrants’ right to live and work in the UK. During the referendum campaign, pro-Leave politicians repeatedly talked about extending the existing UK points based immigration system (for non-EU nationals) to EU nationals, if Britain decided to leave.

Such a change would likely make the UK a less attractive option as the location for company headquarters, and companies staying in the UK may find it easier to hire UK nationals than nationals of EU countries.

If the UK imposes restrictions on freedom of movement for EU nationals in the future, it is likely that other countries within the EU will impose work permit requirements for all British nationals seeking to work in their countries. In this case, employers operating in the EU, or in countries with reciprocal immigration agreements with the EU, might consider hiring EU nationals rather than UK nationals.

It is important to note, however, that any trade deal negotiated between the UK and the EU may require the freedom of movement principle to be respected, in which case the immigration landscape may remain essentially unchanged.

EU Nationals Already in the UK

There are approximately 3 million EU nationals already resident in the UK (and approximately 1.2 million UK nationals resident in other EU countries).

EU nationals (and their family members) living in the UK are not currently required to have their residence rights officially endorsed (i.e. apply for residence cards). However, EU nationals may optionally register, and, since last week’s events, many more are likely to choose to do so in order to prove and regularise their status.

There is likely therefore, even before the exit is formally triggered or any new agreement reached, to be a surge in applications being submitted to the Home Office by EU nationals seeking an endorsement of their right to remain, creating significant backlogs within the already burdened UK immigration authorities.

UK Nationals in EU Countries

Most (although not all) EU countries already have a formal residence registration requirement for other EU nationals staying for longer than 90 days. However, the referendum result will have left many UK nationals living in other EU Member States anxious about their futures. It is likely that many UK nationals in other EU countries who have previously not applied for permanent residency will be motivated to do so by the referendum result in order to shore up their status and, for some, to get on the pathway to citizenship of another EU Member State.

Action Items

If you or your company would like any assistance with understanding the implications of the referendum result, we would be very glad to be of service. We are happy to talk through any of your concerns or offer specific assistance with:

  • Making UK residence applications for your EU nationals currently in the UK;
  • Making EU residence applications for UK nationals in the EU;
  • Arrangements to transfer staff or operations from the UK to other EU member states.