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No-deal Brexit: Ankara Agreement could be removed

No-deal Brexit: Ankara Agreement could be removed
05.08.2019
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The Department for Exiting the European Eupoen has published a statement with outlines it’s International Agreements if the UK leaves the EU without a deal.

It states ” In the scenario whereby the UK leaves the European Union with a negotiated deal, alongside the Withdrawal Agreement the EU has agreed to notify treaty partners that the UK is treated as a Member State for the purposes of international agreements during the Implementation Period, providing a basis for continuity until the end of this period. From the end of this period, the UK would no longer be covered by these agreements (with exceptions in the case of mixed multilateral agreements, as detailed further below).”

Stating that the official EU Treaty Database lists over 1000 international agreements that the EU holds with partner countries and international organisations and that “The majority of these do not require action on exit: many are superseded; relate to a one-off event; or are not required in order to enable the UK to cooperate with partner countries in the same way after exit. The Government is committed to transparency as we leave the EU and to ensure business and citizens have the information available to prepare for all scenarios.”

The negotiating period of the Brexit progress began on 29 March 2017, when the UK served the withdrawal notice under Article 50. The Withdrawal was meant to take place on 29 March 2019, two years after the date of notification, as required by Article 50, however, it has now be delayed a second time till the 31 October 2019.

The statement highlights 3 specific agreements with the EFTA States and Turkey. While it’s been made clear that the EFTA states that arranged have been made between them and the UK in the possibility of a no-deal Brexit, the same can not be said for Turkey.

The statement clearly states that in the possibility of a no-deal Brexit the UK has not made any agreements with Turkey to re-new the Ankara Agreement, as of yet. With less than 3 months left until the 31 October and parliament now in summer recess until 3 September, no indication has made that any talks are underway or any plans for talks to take place in the short time left.

While Brexit talks have been going on for over a two year period, the Ankara Agreement has seen the application process change with three new requirements added;

  • a 5 year residency requirement for main applicants and their spouses/partners
  • a knowledge of language and life in the UK (KOLL) requirement
  • the standard ILR application fee

These changes took place on the 18 March 2018, since this date no update has been made on the agreement until this new statement published in July.

It states:

“Agreement creating an Association between the Republic of Turkey and the European Economic Community (Ankara Agreement)

Turkey’s relationship with the EU is largely governed by the Agreement creating an Association between the Republic of Turkey and the European Economic Community (also referred to as the “Ankara Agreement”) and its additional protocols and council decisions. The trade elements of our relationship with Turkey are described in the guidance.

Turkish nationals enjoy particular rights derived from the Ankara Agreement. Following exit from the EU, the UK’s obligation to this agreement falls away either at the end of the Implementation Period, or earlier in a no deal scenario. However, as a transitional arrangement, the UK will seek to replicate the effect of the ECAA arrangements for the resident Turkish population. This will allow resident ECAA workers and ECAA business persons and their family members to apply for further leave with similar eligibility requirements as they have now, and apply to settle in the UK. We have not yet entered into any commitments in respect of Turkish nationals arriving after the UK’s departure in a no deal situation.”

To read the full details on the Department for Exiting the European Eupoen’s ‘Internationa Agreements if the UK leaves the EU without a deal’ statement click here.

 

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