EU Grants the UK an Extension of Brexit Until January 31, 2020

By Elizabeth (Liz) Espín Stern on October 28, 2019

Posted in Brexit, Immigration, Mayer Brown Global Mobility

Three days before the UK was due to exit the bloc, ambassadors from the other 27 countries of the EU agreed to delay Brexit for up to three months. The agreement by the EU, made in Brussels on October 28, 2019, allows the UK to leave earlier if it and the EU both ratify the withdrawal deal that Prime Minister Johnson negotiated with the EU earlier this month (the “Withdrawal Agreement”). European Council President Donald Tusk announced the decision on Twitter, stating that “The EU 27 has agreed to accept the UK’s request for a #Brexit flextension until 31 January 2020.” The decision requires formal written procedures from the UK and the EU27, which are expected to be completed imminently.

According to media reports based on review of a draft of the EU agreement, the extension comes with conditions:

it requires the UK to appoint a senior official to serve on the next European Commission;
it excludes any reopening of the Withdrawal Agreement in the future, and
it requires any unilateral commitment by the UK to be “compatible with the letter and the spirit of the Withdrawal Agreement.”

The EU’s decision also means there is time for the UK to hold an election this year. Prime Minister Johnson has called for a ballot on December 12, but may lack sufficient support in Parliament to hold an election. UK lawmakers continue to consider election options.

Brexit has now been extended three times this year. The UK voted by referendum in June 2016 to leave the EU, was originally supposed to leave on March 29, but has been unable to ratify a Brexit deal in Parliament.

Employers continue to be faced with the requirements to prepare for any outcome. As discussed in our prior alerts and blog posts, including our September 2019 alert, Brexit: Steps Employers Should Take Now, employees should be made aware of available registrations on which they can capitalize to prolong residency and work authorization, including pre-settled and settled status registration available to EU, EEA, and Swiss nationals in the UK under the EU Settlement Scheme. Recruiters should similarly be aware of the options for citizens rights and free movement, including in a no deal scenario. While elections (or a new referendum) could change the playing field, the “deal” or “no deal” mobility and settlement scenarios remain essentially unchanged.