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When can we state that the UK will be leaving the EU with a deal?

This is the area of this board to discuss the referendum taking place in the UK on 23rd June 2016. Also to discuss the ramifications of the EU-UK deal.

Differing views will be respected. Rudeness to other members will not be welcome.

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kamoe
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When can we state that the UK will be leaving the EU with a deal?

Post by kamoe » Fri Jan 24, 2020 5:09 pm

Basic question, but I am a bit confused myself. The agreements and signings of recent days do not yet account to state that a deal has been reached? Does this depend upon an entirely different and specific event?
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

secret.simon
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Re: When can we state that the UK will be leaving the EU with a deal?

Post by secret.simon » Fri Jan 24, 2020 5:50 pm

kamoe wrote:
Fri Jan 24, 2020 5:09 pm
Basic question, but I am a bit confused myself. The agreements and signings of recent days do not yet account to state that a deal has been reached? Does this depend upon an entirely different and specific event?
The Deal has been reached, but not ratified. It will be ratified once the European Parliament approves the Deal on 29th January 2020.

The Deal will be implemented in UK law by the European Union (Withdrawal Agreement) Act 2020, which got Royal Assent yesterday.

There were a few exchanges on Twitter on these and related questions between @JMPSimor and @StevePeers, both highly respected for their knowledge on EU matters (and worth following if you have a Twitter account).

Broadly, as I understand it,
  • On 1st February 2020, the UK leaves the EU and becomes a third country.
  • British citizens cease to be EU citizens. That may have repercussions as to British citizens being land-locked in the EEA member-state that they are in (i.e. they will retain the right to reside in the EEA member-state that they resided in on 31st January 2020, but lose the freedom of movement to other EEA member states).
  • However, EU law continues to apply in its entirety to the UK from 1st February 2020 until 31st December 2020 (the Transition Period/Implementation Period), as per the Withdrawal Agreement.
  • Once the Transition Period ends, the status of EU law going forward after 31st December 2020 is subject to negotiations (the Future Relationship).
By the EU Withdrawal Act 2018, at the end of the Transition Period, EU law will be imported directly into UK law (as "retained EU law"), but will form a part of British law and will therefore be amendable and repealable by Parliament, unless forbidden by the Future Relationship Agreement/Treaty.

CCing @Obie in for his learned opinion.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

kamoe
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Re: When can we state that the UK will be leaving the EU with a deal?

Post by kamoe » Sat Jan 25, 2020 3:13 pm

Thanks @secret.simon
secret.simon wrote:
Fri Jan 24, 2020 5:50 pm
The Deal has been reached, but not ratified. It will be ratified once the European Parliament approves the Deal on 29th January 2020.
So only after ratification on the 29th of January 2020, will it be correct to state that the UK is definitely leaving with a deal? Really asking mainly because on the Settlement Scheme web page there are still laid out the rules and deadlines applicable for both deal or no-deal scenarios.
However, EU law continues to apply in its entirety to the UK from 1st February 2020 until 31st December 2020 (the Transition Period/Implementation Period), as per the Withdrawal Agreement.
So this means the EEA RC route would still be open for applications until 31st December 2020 (or presumably earlier since all cards will be valid only until then)? Has any cut-off date been communicated somewhere? I haven't been able to find any information on this.
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Obie
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Re: When can we state that the UK will be leaving the EU with a deal?

Post by Obie » Mon Jan 27, 2020 4:03 pm

secret.simon wrote:
Fri Jan 24, 2020 5:50 pm
kamoe wrote:
Fri Jan 24, 2020 5:09 pm
Basic question, but I am a bit confused myself. The agreements and signings of recent days do not yet account to state that a deal has been reached? Does this depend upon an entirely different and specific event?
The Deal has been reached, but not ratified. It will be ratified once the European Parliament approves the Deal on 29th January 2020.

The Deal will be implemented in UK law by the European Union (Withdrawal Agreement) Act 2020, which got Royal Assent yesterday.

There were a few exchanges on Twitter on these and related questions between @JMPSimor and @StevePeers, both highly respected for their knowledge on EU matters (and worth following if you have a Twitter account).

Broadly, as I understand it,
  • On 1st February 2020, the UK leaves the EU and becomes a third country.
  • British citizens cease to be EU citizens. That may have repercussions as to British citizens being land-locked in the EEA member-state that they are in (i.e. they will retain the right to reside in the EEA member-state that they resided in on 31st January 2020, but lose the freedom of movement to other EEA member states).
  • However, EU law continues to apply in its entirety to the UK from 1st February 2020 until 31st December 2020 (the Transition Period/Implementation Period), as per the Withdrawal Agreement.
  • Once the Transition Period ends, the status of EU law going forward after 31st December 2020 is subject to negotiations (the Future Relationship).
  • The status of non-EU EEA citizens (from the EFTA countries; Norway, Iceland, Switzerland and Liechtenstein) will be in line with agreements that the UK has reached with those countries and their rights and statuses may diverge from those of EU citizens.
By the EU Withdrawal Act 2018, at the end of the Transition Period, EU law will be imported directly into UK law (as "retained EU law"), but will form a part of British law and will therefore be amendable and repealable by Parliament, unless forbidden by the Future Relationship Agreement/Treaty.

CCing @Obie in for his learned opinion.
All of that is pretty much correct, but British citizen can continue to exercise free movement rights, but any British Citizens who leave UK on or after the 31/01, will not benefit from Surinder singh. The CJEU will have to rule on that.

However British citizen will be able to move and reside in another state until 2020 December. They will be able to retain residence in that state after transition.
Black life matters.

kamoe
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Re: When can we state that the UK will be leaving the EU with a deal?

Post by kamoe » Wed Jan 29, 2020 3:37 pm

secret.simon wrote:
Fri Jan 24, 2020 5:50 pm
The Deal has been reached, but not ratified. It will be ratified once the European Parliament approves the Deal on 29th January 2020.
Sure enough, as of today January 29th, the Settlement Scheme website has been edited to remove all references to a no deal scenario. So at least there is no more uncertainty on that point, and no more references to alternative deadlines.
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

secret.simon
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Re: When can we state that the UK will be leaving the EU with a deal?

Post by secret.simon » Wed Jan 29, 2020 6:17 pm

The European Parliament voted overwhelmingly (621 to 49) to ratify the Deal just under an hour ago, as expected.

So the UK will be out of the EU and the Withdrawal Agreement will be in effect in about 50 hours time.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

mkhan2525
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Re: When can we state that the UK will be leaving the EU with a deal?

Post by mkhan2525 » Fri Jan 31, 2020 11:20 pm

Can non-EU citizens of British nationals issued with EEA residence cards under the Surinder Singh route still be allowed to travel visa free to EU countries during the transition period?

I contacted the Czech republic embassy recently and they said this will no longer be the case from 1st Feb because BC is no longer an EU Citizen.

I was under the impression that exisiting rights will not change until the end of the year.

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