Beginning on March 17, 2020, the Schengen Member States as well as the four Schengen Associated States (collectively the “Member States”) temporarily restricted all non-essential travel from third countries into the European Union.  These restrictions extended until July 1, 2020, when the EU Council recommended that Member States begin to permit entry from travelers residing

After almost a decade of coalition and minority governments in the United Kingdom (“UK”), Prime Minister Boris Johnson won an 80-seat majority in the December 2019 General Election with the simple slogan: “Get Brexit Done.” This mandate meant that, after years of wrangling and tortuous procedural battles in Parliament, the Withdrawal Agreement Bill was passed and, on 23 January 2020, received Royal Assent to become law as the European Union (Withdrawal Agreement) Act 2020.  Just over three and a half years since the referendum, this means that the UK will formally leave the EU on 31 January 2020. But what happens next with respect to free movement?

Continue Reading European Union (Withdrawal Agreement) Act 2020 To Usher In Brexit on 31 January 2020

Members of Parliament narrowly passed an amendment during an emergency session on Saturday, October 19, 2019, to postpone the decision on whether to vote “yes” or “no” to Prime Minister Boris Johnson’s Brexit deal.  Parliament said it needed more time to review the deal, which Prime Minister Johnson concluded last week with European leaders.  The primary aim of the amendment is to ensure the UK cannot leave the EU on October 31, 2019, the current Brexit date, without enacting detailed legislation governing the UK’s withdrawal from the EU.

Saturday’s vote effectively required the Prime Minister to request a third extension of the withdrawal date, which would postpone Brexit until January 31, 2020.  Prime Minister Johnson, who had vowed never to seek an extension, sent an unsigned letter to the EU asking for the required three-month extension.  But he also sent a signed letter to European Council President Donald Tusk urging EU leaders to turn down the extension request, and has stated he will bring his proposal back before Parliament on Monday, October 21, 2019.


Continue Reading UK Parliament Passes Amendment to Postpone Brexit Vote in Emergency Session on Saturday, October 19, 2019

Draft Deal Does Not Change Previously Announced Scheme for Citizens’ Rights or Movement of People

Yesterday, negotiators from the United Kingdom and the European Union agreed to a draft Brexit deal. The proposed withdrawal agreement would replace the one negotiated by former Prime Minister Theresa May. The new agreement addresses the timetable for a transition

The prospect of extending the deadline for the UK’s withdrawal from the European Union past 31 October 2019, the Brexit date, remains uncertain. UK employers accordingly do not know whether they will have to address the consequences of withdrawal imminently. But right now they can take five key steps to protect their workforce—smart measures regardless

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

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 MPs Vote To Extend Brexit Deadline for Three Months

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:

On the day EU leaders gathered in Brussels to discuss the Brexit transition deal (March 22, 2018), Mayer Brown partners Liz Stern and Nick Robertson, together with Paul Sarauskas and Jad Taha, hosted the latest in our series of interactive workshops, “Preparing for the changes in free movement that Brexit heralds.”  Clients across multiple industries