What should you be doing if you have EU nationals working for you?

Although everything around Brexit remains uncertain at the moment, prudent businesses which currently have EU national employees will be taking action now.

The first thing to do is to ascertain who is likely to be able to stay and work permanently in the UK if the proposals go ahead. The second is to help your employees to apply for ‘settled status’ if they are entitled to do so.

At the moment, citizens of EU member states have the right to work in the UK. If Brexit goes ahead in some form, then in due course only EU citizens with ‘settled status’, and their immediate families, will have the right to stay and work indefinitely in the UK. However, there are various possible transition arrangements.

Who is entitled to settled status?

• Any EU citizen who has five years’ continuous residence in the UK at the time of applying may apply for settled status.
• Any EU citizen who has been here less than five years may apply for ‘pre-settled status’. Anyone who obtains pre-settled status can then continue to live in the UK and apply for settled status when their five years’ continuous residency date arrives.

For these purposes, five years’ continuous residence is defined as living in the UK for at least six months in any 12 month period for five years in a row.

When should they apply?

• Most EU citizens currently resident in the UK will be able to apply from 30 March (irrespective of whether we have a Deal or No Deal Brexit). Some who have access to an Android device may find they can apply already under the public test phase which opened in January
• If Theresa May’s Brexit deal is adopted, there will be a transition period in place until 31 December 2020. Any EU citizen residing in the UK by this point, will have the right to apply for settled status or pre-settled status until 30 June 2021
• If there is a no deal Brexit, then anyone already resident in the UK by 29 March will have until 31 December 2020 to apply for settled status.

What rules will apply to those who can’t get settled status?

• The current points-based system will continue to apply from 2021 and the Government plans to prioritise skilled migrants. Anyone wishing to stay in the UK for more than three years will need to apply under this scheme.
• There are transitional plans in place for low/non-skilled migrants who will be able to move to the UK to work for 12 months. They will then not be able to apply again for a further 12 months.
• There is a pilot scheme in place from Spring 2019 for two years, allowing 2500 non-EU migrants to come to work on farms for seasonal work for six months.
• In the event of a no deal Brexit, it is anticipated that EU citizens and family members will (for a transitional period not yet announced) be able to come to the UK for visits, work or study as they do now. However, in order to stay for more than three months they will need to apply for permission and receive European Temporary Leave to Remain which will then be valid for a further three years.

If you would like any individual advice please contact Colin Makin or Jess Piper.