What if ….. I want to employ someone from the EU after Brexit?

As Britain prepares to leave the EU on March 29th there is much uncertainty surrounding what leaving the EU will mean for you and who you can employ.

What will change?

Even if there is a ‘no-deal’ scenario the rights and status of EU citizens currently living in the UK will remain the same until at least 31st December 2020.

You do, however, need to be aware of changes to immigration rules for EU citizens post-Brexit.

Before March 29th 2019 – EU citizens already resident in the UK by this date will be able to remain.

They have until 31st December 2020 to apply under the EU Settlement Scheme to protect their right to remain and may gain one of the following:

  • Settled Status: If they have lived in the UK for a five-year period when they make their application they will be given Settled Status, allowing them the right to remain indefinitely.
  • Pre-settled Status: If they have lived in the UK for less than five years when they make their application, they will be awarded Pre-Settled Status. This will allow them to remain in the UK until they have lived in the UK for five years and can then apply for Settled Status.

Online applications for Settled and Pre-Settled Status can be made now by visiting: www.gov.uk/settled-status-eu-citizens-families/applying-for-settled-status

After March 29th 2019 and ‘No Deal’

Under a ‘no-deal’ scenario, unless other rules are introduced, EU nationals arriving in the UK after 11pm on 29th March will have to:

  • comply with the normal UK immigration rules;
  • require permission to work in the UK;
  • have permission to stay for more than three months.

What you need to do:

  1. Amend your right to work checks

    Your right to work checks must meet the post-Brexit requirements. Always check:

    • When did the prospective employee come to the UK?
    • Do they have Settled or Pre-Settled Status?
    • Do they have any other right to work document issued by the Home Office?
    • Have you seen the original right to work document? (Always make hard copies); and
    • Carry out online right to work checks or proof of settlement application, if needed.
  2. Encourage any affected employees to make an application under the EU Settlement Scheme.

    Transitional arrangements

    Any deal is likely to impact on these arrangements. Check our website for regular updates on what Brexit means to your business.

Hethertons can give you expert advice on all aspects of Brexit and how it may affect your business. Call Simon Crack, Head of Business Support Unit, on 01904 528200 to see how we can help you.