The effects of Brexit when recruiting & retaining EU workers

The UK will be leaving the European Union on 31 January 2021 and will enter into a period of transition which ends on 31 December 2021.

During the transition period, freedom of movement rights continue, but employers have naturally and sensibly been concerned about the rights of their EU National workers (EUNs) to continue to work following the transition period and how the changes will affect future recruitment of EUNs.    

What must EUNs do to have the continued right to work in the UK?

Any EUN without indefinite leave to remain must apply for settled or pre-settled status by 30 June 2021 to continue living and working in the UK.

Status will be awarded depending on how long the applicant has lived in the UK, their nationality and whether they have other relatives in the UK. 

The different types of status  

Settled status 

Settled status will usually be granted if the EUN has lived in the UK for a continuous period of at least 5 years by 31 December 2020.

There are some exceptions to the requirement of continuity. A full list is available on the government website.

If granted settled status, the EUN can remain in the UK permanently. 

Pre-settled status 

Pre-settled status will usually be awarded to those who have not lived in the UK for a continuous period of at least 5 years by 31 December 2020. 

When granted, pre-settled status will allow the EUN to remain in the UK for up to five years. After that, they will need to apply for settled status or leave the UK.  

When can applications be made?

Applications can be made now through the EU Settlement Scheme online, by post (in certain circumstances) or visiting a supporting organisation.  

All EUNs (including children) must apply. A parent or legal guardian should apply first and quote the application number when they apply on behalf of a child. Children will be granted the same status as their parent or legal guardian.

New immigration system from 1 January 2021

A new immigration system will apply to people arriving in the UK from 1 January 2021, and EUNs moving to the UK to work will need to get a visa in advance.

EUNs applying for a skilled worker visa will need to show they have a job offer from an approved employer sponsor to be able to apply.

If you are a UK employer planning to sponsor skilled migrants from 2021 and are not currently an approved sponsor, you would be well-advised to apply for approval sooner rather than later.

You can find more information on the UK’s new points-based immigration system on GOV.UK.

Changes to right to work checks

Employers must evidence they have checked the right to work, including the right to work of EUNs.  EU citizens’ passports and identity cards will continue to be accepted as evidence of immigration status until 30 June 2021.

 What should employers do now?

1. Support staff. In particular, EUNs who may be unsure and nervous about their position.
2. Identify EUN workers and monitor their right to work and status. 
3. Complete a list of right to work checks required. 
4. Identify high-risk areas in your business, whether because of the number of EUN staff or the position they occupy. 
5. Encourage EUNs who have not yet applied to do so as soon as possible and support the making of the application by making resources and time available. Template letters promoting the EU Settlement Scheme are available from the government website. 

The above is a general statement and specific advice should be obtained. We are able to assist with an introduction to specialists who can advise further.