MHCLG Guidance – Questions & Answers (Q&As)
These ARB Q&As cover the Ministry of Housing, Communities and Local Government’s Guidance for a No Deal Brexit. They relate only to what would happen if a no deal scenario arises at the end of the implementation period.
We hope they provide helpful initial clarification on the implications of the Guidance however these Q&As should not be taken as definitive advice. We will be updating our advice as we learn more. These Q&As were last updated in February 2020.
Please see our Glossary at the foot of our main Brexit FAQs for an explanation of the terms used in this document.
I hold EEA qualifications and registration
1. I am currently registered and hold EEA qualifications, would I be affected?
If you are already registered with ARB, you would still be eligible to hold registration after Exit Day.
2. How would the new system of recognition work?
Under the new system of recognition, on Exit Day if no deal is reached between the UK and the EU, we would rely on a ‘frozen’ snapshot of Annex V of the MRPQD for registration purposes, as it existed on that date. We would not be able to take into account any revisions to Annex V made after Exit Day when considering applications for registration.
3. I hold qualifications listed in Annex V of the MRPQD, what would the changes for mean for me?
Those who hold qualifications that were listed in Annex V on Exit Day and have access to the profession in the state the qualification was issued (or an ARB prescribed Part 3) would still be able to register after Exit Day.
4. I hold qualifications listed in Annex V of the MRPQD but do not have EEA rights, what would the changes mean for me?
The MRPQD system is open only to those with EEA rights. This would not be the case under the new regime. Provided you have qualifications that were listed in Annex V on Exit Day and have access to the profession in the state the qualification was issued (or an ARB prescribed Part 3), you would be able to register after Exit Day.
5. I hold overseas qualifications that have been recognised by another European Competent Authority what would the changes mean for me?
The General System is currently the route to the Register available under EU law for people with EU rights with overseas qualifications established in another EEA Member State. The General System would not be carried over into the new regime and would cease to exist after Exit Day.
6. Would the new system delay my registration?
We do not anticipate that there would be any delays as a result of the new system.
7. What would the cost of registering under the new system be?
There are no plans to vary the fee currently charged to individuals registering for the first time with EEA qualifications. The fee charged currently consists of a £111 annual registration fee and £35 one off application fee.
I hold UK qualifications and registration
8. I hold UK qualifications and am registered with ARB, would I be able to register automatically in another EEA Member State after Exit Day in the event of a no deal?
This would depend on the regulations within the Member State and how it has decided to deal with the registration of those holding UK qualifications. The European Commission has however issued guidance on this topic.
9. I hold UK qualifications and am registered with ARB, would ARB continue to liaise with other EEA Member State Competent Authorities to assist me in my application to register with them?
We would continue to issue certificates confirming factual information about your UK qualifications if requested. We will provide further detail about how this would work once further information is established.
10. I have completed my Part 1 qualification in the UK and am about to undertake an ARB recognised Part 2 qualification, how would the new system affect me?
We would continue to recognise your qualifications for the purposes of registration. How your qualifications would be treated within the EEA after Exit Day would depend on the regulations within the specific EEA Member State.
I am on Part 2 of the Register (for individuals with EU rights providing temporary and occasional services in the UK)
11. I am on Part 2 of the Register, how would the changes impact me?
Part 2 of the Register, which permits individuals with EU rights to provide services on a temporary and occasional basis, would cease to exist. However, you would be able to remain on Part 2 of the Register until the expiry date we provided to you at the point of admission.
You would not be able to re-apply for entry to Part 2 of the Register after the expiry date. To see if you are eligible to join the main Register (Part 1 of the Register), please contact us on firstname.lastname@example.org.
12. I hold qualifications from Switzerland, how would I be affected?
Agreements are being made. We are awaiting further guidance from Government on how this aspect of the system would operate in the event of no deal being reached. We will provide further advice as and when we know more.