On July 24, 2019, Boris Johnson became Prime Minister of the Kingdom.  Mr. Johnson has said that if a withdrawal agreement is not concluded between the UK and the European Union (“EU”) by October 31, 2019, the UK will leave the EU without a deal.  Mayer Brown’s Chris Chapman, partner in the Litigation & Dispute

Last week’s series of Brexit votes in Parliament could mark a profound shift in the trajectory of the UK’s exit from the EU. However, businesses still do not know when Brexit will happen (if at all) and what the UK’s relationship with the EU and the rest of the world will be.

In the space of three days, the House of Commons voted (i) on Tuesday to reject the UK government’s negotiated withdrawal agreement in the second so-called “meaningful vote”; (ii) on Wednesday to reject a no-deal Brexit, with even Cabinet ministers defying the Conservative party whip to vote against it; and (iii) on Thursday to request an extension to Article 50 of the Lisbon Treaty to delay the UK’s exit from the EU. And if that was not enough, on Thursday the House also voted marginally against exercising more control over Brexit and overwhelmingly against a measure calling for a second referendum, with even supporters of a second referendum calling on MPs not to back it because it was not the right time.


Continue Reading

With the March 29, 2019 date for Brexit looming and no deal to address the separation yet approved, the House of Commons voted on March 14, 2019, to defer Brexit until at least June 30, 2019.  The vote of 413 in favor versus 202 against provided a clear majority of 211 for the government, a move that may avert the expected chaos that a “no deal” scenario would pose.

By law, however, the delay can only be authorized by the EU, with unanimous approval of the leaders of the remaining 27 countries in the bloc.  The prime minister faces a significant challenge in seeking that approval, as EU officials have said they will permit a delay only if Britain makes a fundamental shift in its approach to Brexit.  Although the bloc could consider a delay to Brexit, it  has made clear that after two years negotiating with Ms. May, it is not open to more talks on her deal, meaning the prime minister needs to find a way to convince British lawmakers to accept it.

The prime minister thus plans to make a third attempt to have parliament agree to a divorce deal — which the MPs have already rejected twice — next week, in advance of an upcoming EU summit.  Lawmakers also rejected, by a vote of 334 to 85, a second referendum on EU membership.
Continue Reading

As the final Brexit date approaches, EU-member state governments are putting in place specific plans for British nationals living within the EU after March 29, 2019.  Earlier this week the Dutch Immigration and Naturalisation Service (“IND”) shared a template letter it will begin sending to UK nationals legally residing in the Netherlands regarding the continuation of residence post Brexit in case there is no withdrawal agreement ratified between the UK and the EU.  Key points contained in the letter include:

  • There will be a transition period (March 29, 2019 – July 1, 2020) during which UK nationals and their qualifying dependents will maintain their rights to residence, employment, and study in the Netherlands.
    Continue Reading