Immigration Corner | Entering the UK if a Brexit deal is not agreed

Dear Mr Bassie,

I travel to the United Kingdom (UK) quite often and I was wondering if there will be any changes to entering there if the UK leaves the European Union (EU) without a deal. Any insight would be appreciated.

DM

Dear DM,

Persons should be aware that if the United Kingdom leaves the EU with a deal, what they will need to enter there will not change until 2021. If the UK leaves the EU without a deal an Irish citizen will be able to enter the UK without a visa, as it exists now and be able to work or study while there.

Persons will be able to enter the UK without visas if they are citizens of any other EU or EEA countries or Switzerland and they will be able to work or study while there.

It should be noted that the government is proposing to end free movement, but this is still subject to approval by Parliament. Once free movement has ended, persons who are citizens of any other EU or EEA countries, or Switzerland, will still be able to enter the UK without a visa, but only for up to three months.

What persons will need to show at the UK border will not change, even if the UK leaves the EU without a deal.

A person will need to show a valid passport or national identity card if they are a citizen of either:

• an EU country

• Iceland, Liechtenstein, Norway or Switzerland

A person can use automatic ePassport gates at some airports if their passport has a ‘chip’ on it and he/she is 12 years or over. It should be noted that using the ePassport gates is usually faster.

If a person is not a citizen of one of these countries, he/she will need to show a valid passport. Please note that a person can still enter the UK using a passport which expires in less than six months.

School children from third countries and who are resident in EU or European Free Trade Association countries will continue to be able to travel to the UK under the List of Travellers visa scheme. Those children do not need to obtain their own travel documents or visas until December 31, 2020.This will apply whether the UK leaves the EU with a deal.

What a child will need to show at the border will not change. A pupil without their own travel document must have photographic ID or a recent photograph attached to the List of Travellers form. The form must also be authenticated by the responsible authority in the appropriate member state to confirm the pupil’s residence status and their right to re-entry to be acceptable as a travel document.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com