In order to prepare France for a possible withdrawal from the United Kingdom without agreement, the French government has entered into contracts with very specific priority areas of application, in order to ensure continuity in certain areas that it has declared necessary for individuals and businesses. For example, the government ordinance on admission and stay in France, social rights and employment in the event of a Brexit without a deal was published in the French Official Journal on 7 February 2019. How will the rules for coordinating social security change? i. If the partner was rather a Namibian national (a third-country national) and his stay in the United Kingdom had been facilitated by his Bulgarian national partner, they would instead have the full scope of Article 10 and would enjoy fully independent rights under the provisions of social security. The United Kingdom officially left the European Union on 31 January 2020, following the ratification of the withdrawal agreement by the parties. With the exception of Ireland, with which the United Kingdom has an agreement on mutual social security under which EU rules remain applicable, the situation is unclear. Given the uncertainty over the future coordination of social security, UK employers should immediately take the following steps: 6. Without prejudice to other previous bilateral agreements concluded by the United Kingdom with EU Member States, officers should also, when considering applications from Ireland, through other reciprocal arrangements between the United Kingdom and Ireland. , which cover the coordination of social security. , to be informed. These include the 2007 Irish Bilateral Social Security Agreement,[note 4 of footnotes], which mainly concerns people who have worked in certain parts of the UK, including the Isle of Man and the Channel Islands which are not covered by the EU Coordination Regulation.
Application of EU social security legislation in the UK during Transition 52. The definition of family members in this section should be read with regard to EU coordination regulations and not the EU directive on the free movement of persons. It should be noted that, according to EU coordination regulations, the definition of a child for Title III is therefore a person under the age of 18, as opposed to under-21s for I and II or dependants. An exception is made when the competent state has another definition, using the definition of the family member in accordance with the national social security legislation of the competent state. In both cases, the certificate has the effect of confirming the country in which social security contributions are to be paid and avoiding double contributions. These factors do not definitively mean that a person is within the scope of the social security coordination provisions, but indicate that a full check should be carried out to determine whether the person is entering the scope. 13. When processing a new right to a social security coordination benefit or a request for a portable document such as a PDA1 or an S1 document, when a cross-border item is reported, it must be determined whether the person falls within the scope of the provisions of the social security coordination agreement of the withdrawal agreement. References to a cross-border element could include, but are not limited to: children are protected by the withdrawal agreement, regardless of where they are born, before or after the UK`s withdrawal from the EU or if they are born inside or outside the host state where the UNION citizen or the UK national resides.
The aim of these provisions is to remove the barriers faced by workers moving between Member States.