Government Reforms (4): BREXIT – the final chapter?

1. Home office employers toolkit

The Home Office has published an employer toolkit (available here) which provides information for employers to be able to support EU citizens and their families when applying to the EU settlement scheme during the public test phase. The toolkit includes a leaflet, poster and briefing pack in order to ensure ‘clear and consistent messages’ being communicated.

 

2. Government guidance for education providers

The Government has published new guidance (available here) for schools and education providers on how to prepare if the UK leaves the EU with no deal.  The guidance provides background information and links to related guidance on a range of relevant subjects, including:

• school admissions
• employment and recognition of teaching qualifications
• access to information on teacher sanctions and restrictions
• Erasmus +

It also provides guidance on more pervasive subjects of relevance for schools and education providers, including:

• immigration
• data protection
• food supplies
• travel

Additional guidance includes:

• EU exit – no deal preparations for higher education institutions: providing guidance for universities and higher education institutions and organisations in the higher education sector on steps they should be taking to prepare for the UK leaving in the EU on 29 March 2019; and
• EU exit – no deal preparations for FE and apprenticeship providers: providing guidance for further education (FE) and training providers, apprenticeship and traineeship providers and UK businesses employing apprentices or trainees on steps they should be taking to prepare.

 

3. Data protection and BREXIT

The Department for Digital, Culture, Media and Sport (DCMS): has published further guidance (available here) on how the UK data protection regime will work in a no-deal scenario post-Brexit.

UK organisations sharing personal data with organisations in the European Economic Area (EEA) need to take steps to ensure compliance with data protection laws if the UK leaves the EU without a deal. For UK businesses that only share data within the UK, there will be no change.

The UK does not intend to impose additional requirements on transfers of personal data from the UK to the EEA, and organisations can continue to send personal data to organisations in the EEA as before. However, once the UK has left the EU, transfers of personal data from the EEA to the UK will become restricted.

Therefore, if your organisation receives personal data from organisations in the EU you should consider, with your EEA partners, what changes you need to make to ensure that personal data can continue to flow after the exit date. These changes will affect both large and small organisations.

The Department for Business, Energy & Industrial Strategy (BEIS): has published guidance on using personal data after Brexit (available here), focusing on preparing for the no deal scenario.

 

4. Guidance on ‘No Deal’: Immigration

The Home Office has published guidance, available here, on its proposed  immigration arrangements if the UK leaves the EU without a deal in place.  The proposals are subject to parliamentary approval and implementing legislation.

In this case, the UK will not be bound by the transitional arrangements set out in the draft Withdrawal Agreement.  Instead, the Government will seek to end free movement as soon as possible through a Bill introduced to Parliament on in December 2018. This will repeal the laws currently implementing free movement in UK law.

The guidance includes information that:

• EU citizens who reside in the UK before 29 March 2019, will still have until 31 December 2020 to apply to the EU Settlement Scheme to protect their status;
• until 31 December 2020, EU citizens will be able to enter the UK by showing either a valid national identity card or passport. EU citizens who wish to stay longer than three months will need to apply for non-extendable temporary leave to remain within three months of arrival;
• subject to identity, criminal and security checks, leave to remain will be granted for 36 months, including permission to work and study; and
• initial leave to enter for EU citizens will be free of charge, but otherwise application fees will be payable.

The proposals will also be applicable for citizens of EFTA states (Switzerland, Norway, Iceland and Liechtenstein) arriving on or after 30 March 2019. Irish citizens will continue to have the right to enter and live in the UK under domestic Common Travel Area arrangements.