Preparing for 1 July 2021: Changes to EU Worker Status

Is your organisation prepared for 1 July 2021?

Though the UK left the EU on 31 January 2020, Brexit transition preparations delayed modifications to the rights of European nationals within the UK till after 30 June 2020.

The countdown is now on for the tip of this transition part. Employers are suggested to take motion to arrange for imminent modifications in immigration guidelines affecting EU staff within the UK, and to keep away from disruption to their operations.

The modifications have an effect on the rights of nationals of 31 EEA States together with all EU nations, in addition to Iceland, Liechtenstein, Norway and Switzerland.

EU settlement scheme closes

Functions for the EU settlement scheme should be made by 30 June 2021.

All EU, EEA and Swiss residents and their relations who had been dwelling within the UK by 30 of December 2020 could have till 30 June 2021 to register for settled standing or pre-settled standing to proceed to have the precise to reside, work, examine and entry free healthcare and advantages within the UK from 1 July 2021.

EEA nationals who’ve been dwelling and dealing within the UK for steady 5 years will be capable to apply for full settled standing. EEA nationals who don’t but have the five-years’ steady residency can be granted pre-settled standing. After 5 years of UK residency with pre-settled standing, they will then apply for full settled standing.

Present holders of everlasting residence playing cards who didn’t apply for naturalisation (British citizenship) can even have till 30 June 2021 to transform their everlasting residence to settled standing, as everlasting residence will not be legitimate after the tip of the implementation interval.

Whereas employers will not be beneath a authorized obligation to make sure their EU staff safe settled standing, it’s in an employer’s finest pursuits to keep away from points with their staff’ immigration standing and eligibility to work.

This implies it’s advisable to take steps to remind your EU staff of the scheme deadline and the significance of securing lawful standing past 30 June 2021 for each themselves and their qualifying relations. We suggest that employers ship out a communication in regards to the EU Settlement Scheme directing staff to authorities details about the scheme, such because the Residence Workplace’s employer toolkit, which supplies supplies to assist EU residents to use to remain within the UK.

It’s the duty of the person to make an utility to the EU Settlement Scheme and there’s no requirement for the person to tell the employer that they’ve utilized, or of the result of their utility. Employers ought to chorus from checking that an worker has utilized so as to not discriminate in opposition to EU nationals based mostly on whether or not they have obtained pre-settled or settled standing.

Proper to work

30 June 2020 additionally sees the tip of the present guidelines on acceptable paperwork for EU residents proving their Proper to Work within the UK. Up till and together with this date, EU residents can depend on their passport or nationwide ID card, in addition to the doc certifying Everlasting Residence or their Registration Certificates to proof their Proper to Work.

All of those paperwork are included in Record A of the appropriate paperwork for proper to work checks, and manufacturing of any one among these will present their employer with a steady statutory excuse if checked and copied appropriately earlier than the individual begins working.

Alternatively, an EEA nationwide or their member of the family that has been granted a UK immigration standing beneath the EU Settlement Scheme might select to share proof of their standing beneath this scheme to ensure that an employer to conduct a proper to work test by way of the net checking service.

Below these guidelines, employers will not be required to test if an EEA nationwide (or their relations) worker, or potential worker, has utilized for or has been granted a UK immigration standing beneath the EU Settlement Scheme, and will not be required to tell apart between those that have arrived within the UK earlier than or after 31 January 2020. Employers should additionally not discriminate between those that have been granted standing beneath the EU Settlement Scheme and those that haven’t.

From 1 July 2021, all new EU, EEA and Swiss staff you use should present they maintain legitimate pre-settled standing, settled standing or a legitimate visa to show their Proper to Work.

It won’t be essential to hold out retrospective Proper to Work Checks on current staff after 30 June 2021.

To organize for 1 July 2021, we suggest conducting an audit of your workforce to classify staff into three teams by nationality – British Residents and people with ILR; EU Nationals; and Record B staff with short-term go away to stay. Employers won’t be required to hold out retrospective checks on current EU staff. Nevertheless, aaving a document of your workforce profile as at 30 June 2021 can be useful to be clear on which algorithm apply to your new EU staff onboarded after 1 July 2021.

As a part of the audit, it’s going to even be useful to establish staff’ size of service, interval of residence within the UK and the date once they joined the organisation. You must then evaluation your EEA staff’ Proper to Work checks and guarantee all retained doc copies fulfill the requisite format.

Frontier staff

Cross-border staff who’re based mostly within the EU however who work within the UK can be required to use for a frontier employee allow to safeguard their standing and permission to proceed to enter the UK for work functions with out requiring a piece visa.

The frontier employee allow is free, however strict necessities apply for cross-border staff to be eligible. The employee should:

• Be a citizen of an EU member state, Switzerland, Norway, Iceland or Liechtenstein.
• Not have their major residence within the UK.
• Have began frontier work within the UK by 31 December 2020 with the identical working sample when making use of for a frontier employee allow.
• Have saved working within the UK a minimum of as soon as each 12 months since they began working right here.

EU nationals coming to the UK

Any EEA nationwide arriving within the UK from 1 January 2021 might want to apply for a visa to have the ability to work right here.

The brand new points-based system applies to each EEA and non-EEA nationals coming to the UK. Employers should sponsor EEA nationals in the identical approach as they sponsor any non-EEA nationwide working for them within the UK for expert roles.

Any organisation hiring non-UK residents, together with EEA nationals coming to the UK, now wants a sponsor licence to make use of migrant staff beneath the primary work visa routes – the Expert Employee visa and ICT route.

Sponsored expert staff should have a job provide from an authorised sponsor and have attained the requisite 70 factors for attributes together with language, ability and wage to be eligible for the visa.

Non-UK residents coming to the UK for work functions will not be permitted to achieve entry as guests. EU nationals ought to put together to be questioned on the UK border as to their cause for journey. Ought to the border official have considerations about their intentions or plans, they’ve powers to detain and refuse entry. This can be recorded on the person’s immigration document and should affect future immigration functions.

Enterprise guests 

Stories of EU nationals being detained on the UK border, and in some instances refused entry, are rising. Employers are suggested to make sure any non-UK residents coming to the UK as enterprise guests – similar to EU nationwide staff attending enterprise conferences within the UK, or candidates travelling for job interview – perceive the UK customer guidelines and journey with supporting documentation that helps their eligibility as real guests.

Want help?

As employer options attorneys, DavidsonMorris’ immigration specialists advise on all features of enterprise immigration and workforce international mobility. Working intently with our professional HR consultants, we offer a holistic advisory and assist service to allow employers to contemplate the total folks and authorized threat considerations of working throughout borders after the tip of EU free motion. For recommendation on the rights and standing of frontier staff from 2021, or the foundations of hiring EU staff within the UK, contact us.

Final up to date: 17 Could 2021