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IMPACT – HIGH
While the end of free movement will make travel, migration and work authorization more complex for U.K. nationals in the EU and EU nationals in the U.K., the recently approved Trade and Cooperation Agreement does provide some clarity for business travelers, intra-corporate transferees, contractual service suppliers and independent professionals.
Key Points:
The deal ensures that a list of permitted activities can be performed without the need to obtain a work permit or submit any form of economic needs test or other pre-travel approval. The agreement overrides the current national immigration legislation in member states for third countries, which differs so in practice, there may be some adjustment required and administrative disruption while the rules are transposed and implemented.
The permitted activities included in the agreement include but are not limited to:
The agreement also provides some protection for senior level U.K. national and EU national business travelers, visiting the EU and U.K. respectively, and performing company establishment activities.
U.K. ICTs will be permitted to work in the EU for up to three years for managers and specialists and up to one year for graduate trainees, which is consistent with the EU’s ICT framework.
The U.K. will be bound by this provision as well; however, currently U.K. law is more generous and permits ICTs to remain in the country for up to five years in a six-year period or nine years in any ten-year period if the ICT will be earning £73,900 or more per year. We expect the rules for ICTs coming to the U.K. to remain as they are.
An assessment will need to be undertaken by the Deloitte immigration team each time a secondment/transfer is contemplated to determine what type of work authorization process would be applicable to each particular set of circumstances, on a country-by-country basis.
This route may provide an alternative option where the ICT and/or Business Visitor Routes do not apply.
The expectation is that this route will be implemented differently in different EU countries owing to the reservations described above. An assessment will therefore need to be undertaken on a case-by-case basis to determine the permissibility and applicable work authorization process depending on the destination country.
The expectation is that this route will be implemented differently in different EU countries owing to reservations on certain services by some EU countries. An assessment will need to be undertaken by the Deloitte immigration team each time to determine what type of work authorization process would be applicable to each particular set of circumstances, on a country-by-country basis.
In relation to working in the U.K., although limited in scope, this route does provide self-employed people the opportunity to provide their services in the U.K., which is not available under the current U.K. immigration rules. Currently there is only a formal provision in the Rules for Service Providers from Switzerland. Again, an assessment will need to be undertaken by the Deloitte immigration team in each case to determine how best to approach the work authorization process.
U.K. nationals travelling to the EU will require a minimum of six months on their passports in order to be allowed entry to an EU country.
Analysis & Comments: While the end of free movement will make travel, migration and work authorization more complicated for U.K. nationals in the EU and EU nationals in the U.K., the Trade and Cooperation Agreement does provide some clarity for business travelers, ICTs, contractual service suppliers and independent professionals. Deloitte will continue following developments related to Brexit and will provide additional information as it becomes available.
Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.
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