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Employment law guide

EU law in the UK after Brexit

The European Union (Withdrawal) Act 2018 received Royal Assent on 26 June 2018.

The European Union (Withdrawal) Act repeals the European Communities Act 1972 (ECA) on the day the United Kingdom (UK) leaves the European Union (EU).

The Act ends the supremacy of EU law in UK law, converts EU law as it stands at the moment of exit into domestic law, and preserves laws made in the UK to implement EU obligations.

It also creates temporary powers to make secondary legislation to enable corrections to be made to the laws that would otherwise no longer operate appropriately once the UK has left, so that the domestic legal system continues to function correctly outside the EU.

The Act also enables domestic law to reflect the content of a withdrawal agreement under Article 50 of the Treaty on European Union once the UK leaves the EU, subject to the prior enactment of a statute by Parliament approving the final terms of withdrawal.

The Act and explanatory notes can be found here:

The European Union (Withdrawal) Act 2018.

Rights of EU citizens in the UK after Brexit

If the UK leaves WITH a deal, EU, EEA or Swiss citizens, and their families can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. If their application is successful, they will get either settled or pre-settled status.

If the UK leaves WITHOUT a deal, they will need to be living in the UK before it leaves the EU to apply. The deadline for applying will be then be 31 December 2020.

More information:

No deal immigration arrangements for EU citizens moving to the UK after Brexit.

EU Settlement Scheme.

Get ready for Brexit (gov.uk).