Belgian Brexit contingency measures regarding migration and social security in the event of a “no-deal”

Brexit will have a serious impact on this automatic right to travel and work freely across the EU. There is currently no agreement with regard to the United Kingdom's exit from the European Union. It is still unclear whether an agreement will be reached. Our Government has therefore prepared Belgium for a 'no deal'-Brexit.

On 03 April 2019 the Belgian Brexit Act was published in the Belgian Official Gazette. This Brexit Act contains transitional measures for British nationals and their relatives residing on Belgian territory and provides in a temporary extension of the application of the rules on coordination of workers’ social security rights and benefits, until 31 December 2020.

In a nutshell, until 31 December 2020, the Brexit Act extends the right of British nationals and their relatives, residing and working on Belgian territory on the date of Brexit, to stay on Belgian territory post Brexit and to continue to work.

Furthermore, the Brexit Act expressly provides in the extension of the application of the rules on the coordination of social security systems within the European Union, laid down in Regulation (EC) No 883/2004 on the coordination of social security systems. For the purpose of the Brexit Act, and again only temporarily until 31 December 2020, the United Kingdom will be equated with a member-state of the European Union and therefore social security rights and benefits (pension, unemployment, sick benefits) will be guaranteed as they are now.