The Brexit officially entered into force on 31 January at midnight French time. There is now a transition period until 31 December 2020, which may be extended by one to two years. During the transition period, the European Union rules remain applicable to Franco-British relationships. European Union law will continue to apply to companies and individuals in France and in the United Kingdom.
After expiry of the transition period, the provisions of the withdrawal agreement will apply.
The Asser law firm offers you a picture of the main features of the agreement from the perspective of European and British workers.
Who is concerned by the provisions of the agreement?
Three main categories of persons are concerned by the provisions of the agreement:
1) European Union citizens who:
- Have exercised their right to reside in the United Kingdom in accordance with European Union law before expiry of the transition period and who continue to reside in the United Kingdom after expiry of the transition period;
- Have exercised their right as cross-border workers in the United Kingdom in accordance with European Union law before expiry of the transition period and continue to do so after expiry of the transition period.
2) British citizens who have exercised the same rights of residence and under the same conditions
3) Family members of European and British citizens
What are the rights in terms of right of free movement?
In this respect, the text of the agreement does not provide for any major change: European Union citizens and United Kingdom nationals have the right to enter and leave the territory under the current conditions of European Union law, i.e. with a valid passport or national identity card.
The holders of a valid residence permit are not required to hold an exit visa, an entry visa or equivalent formalities.
What kind of rights in terms of “right of residence” and “right to work”?
You are French
- You reside in the United Kingdom
– Right of residence of French citizens and their family ?
– Right to the « settled status » Eligibility to the « pre settled status » ?*
- You work in the United Kingdom
– The « pre settled status » is valid as a work permit ?*
You are British
- You reside in France
– Right to permanent resident status ?
– Eligibility to obtain a residence permit ?*
- You work in France
– The permanent residence permit is valid as a work permit?
– you must apply for a residence permit that is specific to workers ?*
*The Asser law firm assists you in your dealings with the Brexits’ consequences in employment law (customized advice)
The Employment Law Team