Immigration Corner: Will Brexit affect my travel plans?

Dear Mr Bassie,

I travel to the United Kingdom (UK) from time-to-time and I would like to know whether there will be any changes after Brexit. Any information would be appreciated.

L.H.

Dear L.H.,

As can be appreciated, the issues to this topic seem to be moving at a rapid pace and these issues will need to be revisited once the dust has settled.

However, what persons will now need to do who are visiting the United Kingdom after it leaves the European Union (EU), including those persons who need to apply for a visa, will vary.

If the UK leaves the EU with a deal

If the UK leaves the EU with a deal, what persons will need to enter the UK will not change until 2021. Persons should still try and find out if they will need to apply for a visa to enter the UK.

If the UK leaves the EU without a deal

If persons are Irish citizens, they will be able to enter the UK without a visa, as they are now able to and they will be able to work or study while they are there.

Persons will be able to enter the United Kingdom without a visa if they are a citizen of any other EU or European Economic Area country, or Switzerland. Those persons will be able to work or study while they are there.

The British government is proposing to end free movement, but this is still subject to approval by Parliament. Once free movement has ended, if persons are citizens of any other country within the EU or European Economic Area country, or Switzerland, they will still be able to enter the UK. It is not yet decided what persons will need to do to go to the UK for longer than three months. With respect to other cases and visa applications to enter there, these will need to be researched and addressed on a case by case basis.

What needs to be shown at the UK border

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

Persons 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.

Persons can use automatic ePassport gates at some airports if their passport has a ‘chip’ on it and they are 12 years old or over. Please note that using the ePassport gates is usually faster.

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

School travellers entering the UK

School children from third countries who are resident in EU or European Free Trade Association (EFTA) countries will continue to be able to travel to the UK under the List of Travellers visa scheme. Those persons do not need to obtain their own travel document or visa until December 31, 2020. Please note that this applies if the UK leaves the EU with a deal and if the United Kingdom leaves the EU without a deal.

What pupils will need to show at the border will not change. Pupils 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

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.