Employing EU citizens post Brexit – update
Details around the Settlement Scheme have been bottomed out and questions answered about Right to Work checks and the rules that will apply to individuals arriving post Brexit, as government guidance goes into overdrive (or panic!). This article explains how it all fits together so far!
The Settlement scheme, which is now fully open, is key for those EU citizens in the UK on Brexit. It allows:
o those EU citizens who have been living in the UK continuously for five years to apply for ‘settled status’ and those who arrive before exit day (or before the end of the Implementation Period if the Withdrawal agreement is in place), but who have not been here for five years, to apply for pre-settled status. There is a step-by step guide for applicants at https://www.gov.uk/eusettledstatus
o Five years’ continuous residence' means that for 5 years in a row the person has been in the UK for at least 6 months in any 12 month period, except for: one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting), or compulsory military service of any length.
o The application process for settled and pre-settled status is free. There is Assisted Digital support to for applicants in the UK who do not have the appropriate access, skills or confidence to complete the form.
o Neither Irish citizens nor individuals with indefinite leave to remain need to apply
o The deadline for applying for settled or pre-settled status is 30th June 2021, if the Withdrawal agreement is in place or 31st December 2020 in the case of no deal and no transition period.
An employer toolkit has been produced to help equip employers with tools and information (including an employee briefing pack)
Right to work checks
Government guidance on Employing EU, EEA and Swiss citizens and their family members after Brexit, issued on 1st April 2019, states that until 1 January 2021, EU, EEA and Swiss citizens will continue to be able to prove their right to work in the UK as they do now, for example by showing a passport or national identity card and this remains the same if the UK leaves the EU without a deal.
From 1 January 2021, new guidance will apply for right to work checks ( to be issued ‘in due course’).
EU citizens arriving post Brexit
In February 2019, the government proposed a set of regulations which have now become The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 , the key provisions of which will take effect when the Immigration (European Economic Area) Regulations 2016 are revoked. In essence the Order means that
o EU citizens and those from Iceland, Liechtenstein and Norway) and Switzerland who wish to stay longer than three months will need to apply to the Home Office for European Temporary Leave to Remain (ETLR) within three months of arrival.
o Subject to identity, criminality and security checks, leave to remain will be granted for 36 months which will include permission to work and study. It will not lead to indefinite leave to remain in the UK or status under the EU Settlement Scheme.
o EU citizens wishing to stay for longer than three years will need to make a further application under the new skills-based future immigration system, which will begin from 2021 as we covered in our January article..
Guidance at GOV.UK
There is now Information for individuals, businesses (sector by sector), and for UK nationals living in the EU and EU citizens living in the UK at
With specific guidance to employment, the government has, as mentioned above published Employing EU, EEA and Swiss citizens and their family members after Brexit, and an employer toolkit
For UK Citizens working in the EU post Brexit , there is country by country information at https://www.gov.uk/uk-nationals-living-eu
Posted on 04/28/2019 by Ortolan
