EU arrivals after Exit day (UK Brexit)

Exit day is 31st October 2019

(by statutory instrument, not the commencement order recently signed)

The Home Office today confirmed an entirely new system is being developed for EU arrivals after Exit day, and the European Temporary Leave to Remain (announced in January 2019) is not being progressed.

Here.

Although this Blog does not post on immigration, I will post when details of the new system are announced.

Any questions on this should be addressed to the UK Home Office.

Brexit is 31st October 2019 (UK-EU Brexit)

UPDATE : the Exit day is 31st October 2019 (the UK Statutory Instrument has been laid]

Brexit day is 31st October – the Brexit time is 12.00 CET on that day.

At a European Council (Article 50) yesterday, all Parties agreed to extend the Article 50 period to 31st October. Accordingly, the UK will leave the EU at 12.00 CET on 31st October 2019. Withdrawal will take effect on 1st November 2019.

The EU Decision taken in Agreement with the UK is here.

The Exit day Statutory Instrument (SI) will now be laid to change the Exit day in local law. I will update this post with that SI (which will be laid via the negative procedure, without debate in Parliament).

The Statute Book will remain as is. The Brexit Law List will remain separate. The Brexit Law will operate from 1st November 2019. We will continue consolidating the Brexit Law into the UK Statute Book, but this will not show on Cardinal Environment EHS Legislation Registers & Checklists until after 1st November. Please refer to the Brexit Law List for the new rules.

The new rules will apply from 1st November 2019. The dates will be changed in Brexit Notices and Instructions.

Please note : whilst the EU might reissue its EU Brexit Contingency Measures with new dates, it again might not. I posted yesterday with the graphic of the expiry dates of the EU Brexit Contingency Measures.

Re – the (unratified) Withdrawal Agreement (WA) – extension of the Article 50 period does not change the 31st December 2020 date (Transition Period end) in that Agreement.

The date of the new UK Brexit Immigration System (1st January 2021) is also unchanged.

[the Brexit date may change again, please continue to follow this Blog]

Brexit Date (UK & EU Brexit)

I posted a few days ago, and updated that post online, about the Exit day and the Brexit date.

The Brexit date in international law is 12th April, and the Exit day in UK law is 12th April.

Today, as expected, the UK did not meet the terms of the later Brexit date offered by the EU of 22nd May.

In addition, the EU-UK Withdrawal Agreement and Political Declaration package is not ratified.

The EU has called an emergency sitting of the European Council on 10th April. At this the EU27 will consider any representation made for another later Brexit date.

EU Commission: ‘No deal on April 12 is now a likely scenario. The benefits of the Withdrawal Agreement, including a transition period, will in no circumstances be replicated in a no deal scenario. Sectoral mini-deals are not an option.

Exit Day (UK Brexit)

UPDATE (2) : the Statutory Instrument was enacted last night. The exit day in UK law is now changed to 12th April (or 22nd May), and is now aligned with the Brexit day of 12th April in international law.

The later date of 22nd May applies if the EU-UK Withdrawal Agreement (package) is ratified by the UK Parliament (unlikely).

UPDATE : this information note is issued along with the SI – here.

The Statutory Instrument (SI) is now laid to change the exit day (in UK law) from this Friday to either of 12th April or 22nd May.

Here it is.

It will be debated in Parliament (because the SI will be enacted via the affirmative procedure) later this week (UPDATE : on Wednesday). If it is not passed, the action of voting it down will not change Brexit day which is 12th April, at the soonest (or 22nd May, if Parliament ratifies the Withdrawal Agreement package, which is now unlikely).

Brexit day is 12th April.

There is a possibility this Statutory Instrument is not passed. In this case there will be legal uncertainty. But this uncertainty may be mitigated, if the relevant sections (that give legal authority to the UK Brexit Laws) of the EU Withdrawal Act are not themselves in force.

I will issue another Blog post on this matter later this week.

Many UK Brexit Laws are enacted, and listed in the Brexit Law List in subscribers’ Cardinal Environment EHS Registers and Checklists. However, not all are yet enacted.

Each of these identifies the ‘exit day’ as the date in force.

We will commence the massive task of consolidating into the UK Statute Base once the exit day itself is tied down. In any event we will commence before 12th April.

April 12th 2019 (UK & EU Brexit)

The EU has now issued its Press Release announcing it has completed all the No Deal preparations on its side. This Press Release has links to the new Laws and Notices – here.

Companies who are subscribers to Cardinal Environment EHS Legislation Registers & Checklists may make arrangements to discuss any matter, with me, via email.

We are waiting for the Statutory Instrument (on the UK side) to change the exit day from 29th March 2019 to two weeks later on 12th April 2019, to align with the Brexit date.

12th April 2019 is the new Brexit date.

[there are still circumstances that could change this date, or the arrangements that would apply, but the EU says today that it’s view is No Deal is increasingly likely]

I will issue another Blog post when further information is available.

UK Parliament Votes on Exit Date (UK Brexit)

UPDATE (5) : 22nd March 2019 – the EU has agreed an extension. I will issue a new blog post next week after the package is voted on again.

UPDATE (4) : 19th March 2019 – the package will not be voted on until next week (the final week) before the exit date (29th March).

UPDATE (3) : 18th March 2019 – the Speaker of the House of Commons rules the package cannot come back for a third vote (MV3) unless it is substantially altered.

UPDATE (2) : the PM statement dated today 15th March (does not add) – here.

UPDATE : The PM’s spokesperson says that the end date of the transition period will *not* change as a result of an Article 50 extension i.e the extra days the UK spends as an EU member state will eat into the transition period.

I said I would post to update on the date of the exit date, after the votes today.

In UK and EU Law the exit date is 29th March 2019.

Today, the UK Parliament agreed the UK government proposal that it would ask the EU for a delay in the exit date.

The Government proposal is to bring back for a further vote of UK MPs, the Withdrawal Agreement and Political Declaration package that was rejected (a second time) a few days ago.

If the package is agreed on the third time of asking, then the proposal is to ask the EU to delay for a short period (until 30 June 2019).

If the package is not agreed, then the proposal agreed today is to ask the EU to delay for a much longer (unspecified) period.

Specifically the proposal is to hold the vote on the package by 20 March (the day before the European Council – of EU leaders) and it notes that it is highly likely that the EU would require a clear purpose for any extension (that is beyond 30 June because the package was voted down again by UK MPs), not least to determine its length.

The Government will make a statement tomorrow, which may give further clarity on the order of events.

Reminding, further legal actions will be needed to change the exit date from 29th March.

The laws required to adjust the UK statute book so it can operate on its own, listed in the Brexit Law List on subscribers Cardinal Environment EHS Legislation Registers and Checklists, will still be required. They come into force on exit day. It is the date of the exit day that would appear to be about to be moved.

The no-deal notices and instructions still matter. Until there is a UK-EU deal that is agreed and then ratified by the UK and EU Parliaments, or the article 50 notification is withdrawn/revoked, no-deal will take place, even if the UK MPs voted yesterday (for the second time) that it should not.

Moving the exit date will be subject to agreement by the EU.

Specifically, considering the days before 29 March 2019 –

* the UK Government must agree an extension with the 27 remaining EU governments next week, and they have to agree on that unanimously with the UK Government.

* then after securing an extension from the EU, the UK Government must then introduce new legislation to change the exit date and the statutory instrument to effect this must be passed before 29 March.

* this is the case even if the Withdrawal Agreement and Political Declaration is passed (on its third time of asking) – although this package would itself put in place a transition period.

I will issue a new Blog post when there is more information.