Guide to Brexit
The United Kingdom left the European Union at 11:00 pm on 31 January 2020. This document explains how Brexit happened, the transition period and what you can expect after the transition period ends. You can also read about:
- Residence rights of UK citizens
- Common Travel Area between Ireland and the UK
- Brexit and Ireland
- Brexit information and supports
On 23 June 2016, the United Kingdom (UK) voted to leave the European Union (EU).
On 29 March 2017, the UK gave notice to the European Council under Article 50 of the Treaty on European Union (pdf) of its intention to leave the EU. From this date, the EU27 (all European Union members excluding the UK) and the UK had 2 years to negotiate arrangements for the UK to leave.
On 29 October 2019, the European Council agreed with the UK to further extend the period of Article 50 until 31 January 2020. The ‘revised withdrawal agreement’ was ratified by the UK parliament and the EU parliament, and paved the way for the UK’s departure from the European Union on 31 January 2020.
Negotiations on the UK’s withdrawal from the EU
Article 50 of the Treaty on European Union requires the EU to negotiate an agreement with the member state that is withdrawing, setting out the arrangements for withdrawal and taking account of the framework for the member state’s future relationship with the EU. In April 2017, the European Council adopted a set of political guidelines which defined the framework for the negotiations and set out the EU's overall positions and principles. These guidelines stated that the EU wishes to have the UK as a close partner after it withdraws from the EU.
The UK was a member of the European Union throughout the negotiations and it continued to be a member until the end of the Article 50 period. The European Commission represented the EU27 as a whole in negotiating the UK’s withdrawal agreement. There were no separate negotiations between individual EU member states and the UK.
The Commission set up a Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom, with Michel Barnier as chief negotiator.
How Brexit negotiations progressed
The first phase of negotiations focused on the most immediate issues. The 3 priority issues were:
- The rights of EU citizens in the UK and of UK citizens in the EU
- The framework for addressing the unique circumstances in Northern Ireland
- The financial settlement needed for the UK to honour past financial commitments
In December 2017, the EU and UK agreed in principle how these 3 issues would be progressed. This agreement included a commitment to avoiding a hard border between Ireland and Northern Ireland. You can read the joint report (pdf) from these negotiations.
In February 2018, the European Commission published a draft withdrawal agreement, which translated the joint report from December 2017 into legal terms. This included protocols on citizens' rights, transitional arrangements, Ireland and Northern Ireland and institutional provisions, such as the Court of Justice of the European Union.
An amended version of the draft withdrawal agreement, showing areas of agreement and disagreement using a colour-coding system, was published in March 2018.
In June 2018, the EU and UK jointly published information (pdf) about progress made in the continued negotiations on the draft withdrawal agreement.
First withdrawal agreement
In November 2018, the European Commission and UK reached an agreement at negotiator level on a withdrawal agreement.
This document included a Protocol on Ireland and Northern Ireland, setting out a backstop arrangement to be used to avoid a hard border between Ireland and Northern Ireland. This would see Northern Ireland keep full regulatory alignment with the rules of the European Single Market and customs union.
An outline of the Political Declaration on the future EU UK relationship (pdf) was also agreed.
A withdrawal agreement can only come into effect if it is ratified by both the EU and the UK. The first withdrawal agreement was not ratified by the UK.
Revised withdrawal agreement and UK's departure from the EU
On 17 October 2019, the European Commission and the UK reached an agreement at negotiator level with the UK on a revised Protocol on Ireland/Northern Ireland and a revised Political Declaration on the framework of the future EU and UK relationship.
This agreement was passed by the UK parliament and was signed into law by both the British and EU authorities. The UK formally departed the European Union at 11:00 pm on 31 January 2020.
The transition period
In January 2018, the European Council agreed negotiating directives for transitional arrangements after the UK leaves the EU. The period after UK withdrawal is known as the transition period.
The transition period will last until 31 December 2020.
During the transition period, the UK is treated as if it was still a member of the EU. The transition period lasts until 31 December 2020. The UK has not asked for this period to be extended.
This means that during the transition period:
- The UK remains part of the single market and customs union
- UK and EU citizens can move freely in each other’s territories and have the same rights as before
- The UK can make trade agreements with other countries but they cannot come into force until after the transition period
- The UK remains under the jurisdiction of Court of Justice of the European Union
- The UK has no voting rights in EU institutions, including the European Parliament
- EU consumer law continues to apply to goods and services bought from the UK
After the transition period
The Withdrawal Agreement guarantees certain rights for people living outside their countries of origin. The following people can continue to work or study in their host country with the same conditions as before:
- EU citizens lawfully working in the UK before the end of the transition period
- UK nationals lawfully working in an EU member state before the end of the transition period
- Their relevant family members living in the host country
They will keep all their workers' rights based on EU law. For example, they will keep:
- The right not to be discriminated against on grounds of nationality as regards employment, payment and other conditions of work
- The right to take up and pursue work in the same way as nationals of the host state
- The right to unemployment assistance under the same conditions as the nationals of the host state
- The right to social and tax advantages
- The right to join a union
- Housing rights
- The right for their children to access education
Before the end of the transition period, any personal information received by any company or organisation in the UK from companies and administrations in other member states will be covered by the GDPR (General Data Protection Regulation).
After the transition period, the UK must still apply the GDPR to that particular batch of personal information. It must do this until the Commission has made a formal decision (called an adequacy decision) to guarantee that the UK’s data protection safeguards are the same as the GDPR’s.
The Court of Justice of the European Union in relation to the UK
The Court of Justice of the European Union continues to have authority over the UK during the transition period.
Proceedings brought by or against the UK in the European courts will continue until they are concluded, even if this is after the end of the transition period. Any requests for rulings on EU law by a UK court which are sent before the end of the transition period will be treated in the normal way by the European courts.
Judgments and orders of the European courts will also apply in the UK until the end of the transition period.
The European Commission may bring new infringement cases against the UK for breaches of EU law that happened before the end of the transition period. The EU can bring these types of cases for up to 4 years after the transition period ends. Again, these cases will be dealt with by the European courts.
It is unclear what consumer rights Irish or other EU buyers will have when they purchase from a UK seller. Unless there is an agreement between the EU and the UK which retains the existing rights, consumers will have to be especially careful when purchasing from a UK seller. It may be particularly important to check the terms and conditions available on the seller’s website carefully.
Depending on what is agreed, consumers may or may not be able to avail of the 14-day cancellation period for most online orders after 31 December 2020, even if the order is made before 31 December 2020. Similarly, you may not be able to complain through ECC Ireland or use the European Small Claims procedure. VAT and import duties may be payable on the goods on arrival in Ireland, meaning that the price on the website may not be the total price you pay. Claiming refunds of these additional charges will be a separate process if you choose to return the goods.
There is also the risk that existing roaming arrangements for mobile phone customers will not be available. However, this will also depend on the decisions made by the mobile phone network operators.
EU Settlement Scheme
The UK has set up an EU Settlement Scheme, under which EU citizens and their family members living in the UK can apply to continue living there after 30 June 2021.
EU citizens (except for Irish citizens) and their family members living in the UK must apply to the EU Settlement Scheme for settled status if they wish to continue living in the UK after 30 June 2021. If you do not have 5 years’ continuous residence in the UK, you may get pre-settled status instead.
- Settled status means that you can live in the UK for as long as you want. You will have access to public funds and services (if you are eligible) and you can apply for British citizenship. Any children born in the UK after you get settled status will automatically be British citizens.
- Pre-settled status means that you can live in the UK for a further 5 years. When you have had 5 years’ continuous residence, you can then apply to change to settled status. You must do this before your pre-settled status expires.
The deadline for applying will be 30 June 2021.
You can get more information on applying for settled status in the UK, and the details of the EU Settlement Scheme on gov.uk.