On 29th March 2017, the United Kingdom officially notified the European Council of its decision to withdraw from the European Union. The conditions for this exit from the European Union and the ensuing consequences will depend on whether a withdrawal agreement can be reached:
 

• If a withdrawal agreement is reached, there will be a transition period (theoretically until 31?December 2020) during which the United Kingdom will continue to apply all EU legislation, despite no longer being a member of the European Union. Throughout this transition period, UK citizens will still be authorised to live and work in France without a specific permit, and the same will apply for French citizens living and working in the UK.

• If no withdrawal agreement is reached, the United Kingdom’s exit from the European Union will result, among other things, in the end of free movement for workers. Your British employees will therefore need to obtain a visa to live and work in France, and the same will apply to French employees living and working in the United Kingdom.

• There is currently a great deal of uncertainty as to whether the British Parliament will ratify a withdrawal agreement. In light of this, the French government has taken preliminary measures to prepare for a no-deal Brexit by establishing the legal and regulatory framework that would apply between the two countries, particularly concerning residence permits and authorisation for UK nationals to work in France.

 
In sum, in the event of a no-deal Brexit:

• UK citizens legally living in France will still be authorised to work. They will benefit from a one-year grace period during which they will not be required to have a residence permit. Following this grace period, they will need to have a residence permit authorising them to work in France. They will be legally required to apply for one within 6 months of the official date of the UK’s exit from the EU;

• The conditions for obtaining a residence permit will be relaxed;

• During this period, companies that employ UK nationals who legally resided in France before Brexit will not be required to verify with prefectures whether these employees have a valid work visa. Employees will be responsible for informing employers that they have obtained a French work visa;

•  However, when a UK national who did not legally reside in France on the date of Brexit is hired after the date of Brexit, employers will have to verify immigrants’ legal status just as they would for any other employee from a non-EU country;

•  Special provisions will be put in place for employees posted to the United Kingdom, particularly regarding the payment of social security and unemployment contributions.

 
Need help anticipating, preparing for, and handling all the consequences that Brexit will have on your employees (immigration, social security benefits, tax status, employment contracts, etc.)? Get in touch. We will be happy to assist you!