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Employing EU Nationals

From 1 January 2021, anyone from outside the UK and Ireland, which now includes all EU nationals, requires a visa to work in the UK. If employers wish to sponsor an employee they will require a sponsor licence.

EU nationals employed prior to 31 December 2020 can prove their Right to Work in the UK by showing their employer a valid passport or identity card from one of those countries (as they could previously) up until 30 June 2021 when the scheme comes to an end.

Employers should note that after 30 June 2021 any EU, EEA or Swiss citizen who lives and works in the UK and does not have indefinite leave to do so, must have applied to the EU Settlement Scheme and have Pre-Settled or Settled Status. Employers cannot ask to see proof of this before 30 June but after that date it must become part of their employment checks.

Pre-settled status

Those who were resident by 31 December 2020 in the UK but have not lived continuously for five years at the point of application can apply for Pre-Settled status

Settled Status

For those that have resided in the UK for more than five years are granted Settled Status and can remain in the UK for as long as they like.

Employers should remind any applicable staff to ensure that they have made the appropriate application by 30 June 2021 (bearing in mind there is likely to be an increased number of applicants in June) and could also consider suggesting that any staff who will qualify for Settled Status in the next few months should make their application at that time prior to 30 June 2021 so they can benefit immediately from Settled Status without having to make another application.

Posted on 01/13/2021 by Ortolan

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