Movement of people
Brexit meant loss of freedom of movement of Britons across the EEA (see Table 16.2). For example, the TCA limits short-term business visits to 90 days in any 180-day period. In addition permitted activities on visa-free trips are restricted. They exclude, for example the activities of musicians, artists, performers and journalists. Further, permitted activities and visa requirements vary by Member State.
EU citizens face a complex and expensive visa process to work in the UK and vice versa. Extensive red tape requires UK companies to track days (including non-work trips) spent in the EU to demonstrate that employees keep within the 90-day limit.
Northern Ireland is a key exception: NI citizens are eligible to work, study and receive healthcare in the EU.
| Table 16.2: Movement of people – new barriers | |||
|---|---|---|---|
| New barriers – examples | Effects – examples | ||
| Movement of British citizens to EU | Visa needed for EU stays beyond 90 days | Border passport checks | Loss of right to work, study, live in an EU country |
| Comply with member state requirements | Delays and queues | Loss of freedom and opportunity | |
| Inequalities in mixed families | ETIAS from 2024 – fee €7 | Problems in delivering services in person | |
| Queues at passport control | |||
| Movement of EU citizens to Britain | Complex visa system (time-consuming with additional costs) | ||
| Visa needed for stays beyond 180 days | Skilled Worker Visa (salary minimum £25,600) | Reduction in EU nationals working in UK – issues for NHS, Social Care, HGV drivers, vets, farm workers | |
| Shortage occupation list (Feb 2022) | High potential individual visa | Reduced school trips to UK | |
| UK family visa | Graduate visa | Serious staff shortages in hospitality | |
| Frontier Worker Permit | Innovator visa | UK seen as uncompetitive with other EU countries | |
Movement of data
The TCA’s digital-trade provisions support data exports from the UK to the EU. As digitally-delivered services are increasingly important, these were welcome.
Later, the EU granted the UK an “adequacy” decision in June 2021 that recognises British data protection standards. The EU sees them as strong enough to allow EU citizens’ private information to flow freely between EU (and EEA) companies and the UK. The Commission adopted two adequacy decisions for the United Kingdom – one under the General Data Protection Regulation (GDPR) and the other for the Law Enforcement Directive. However, the Commission has said that it would “intervene” at any point if the UK deviates (or diverges) from the level of protection presently in place.
The adequacy decision had a sunset clause which expired on 27 June 2025. After a temporary extension of six months, the European Data Protection Board extended the adequacy decision to 27 December 2031. Failure to renew would have introduced hefty compliance costs and decreased UK competitiveness.