Employing existing workers from the European Union after Brexit

The United Kingdom is due to leave the European Union on 31 December 2020. Citizens of the European Union already here need to take certain steps to retain the right to live and work here by applying for the necessary permission under the EU Settlement Scheme. The deadline for applying is 30 June 2021. The rights and status of EU, EEA and Swiss citizens living in the UK will remain the same until that date.

Very few applicants are refused settled or pre-settled status under the Scheme but we are aware that not everyone who is eligible has applied. In particular, potential applicants who hold a permanent residence card issued under the 2006 or 2016 Immigration (European Economic Area Regulations) are failing to make the necessary application for settled status. Only those who have been granted indefinite leave to remain or have British or Irish Citizenship are exempt.

EU citizens who do not secure a new immigration status through the scheme will be living in the UK illegally after June 2021 although the government said earlier this year that the usual consequences of unlawful residence will not follow for Europeans. However in October 2019, Home Office minister Brandon Lewis told German newspaper Die Welt: "If EU citizens until this point of time have not registered and have no adequate reason for it, then the valid immigration rules will be applied”. At best the post June 2021 position is unclear.

Those employers who currently employ EU workers may wish to check that such workers have applied under the EU Settlement Scheme for the appropriate status if they wish to ensure that that they will be able to continue to employ them from July 2021 onwards. It is an offence to employ those who do not have permission to work and employers also have an obligation to check that any employee is entitled to work.

EU citizens moving to the UK to work on or after 1 January 2021 will need to get a visa in advance. EU citizens 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 an employer planning to sponsor skilled migrants from 2021, and are not currently an approved sponsor, you should consider getting approved now (see the recent article here).

Here at Leathes Prior, we have our Employment Team and expert Immigration Lawyers that can support your business with planning for the impact of the UK’s departure from the EU – please contact us on 01603 610911 or email us here and we would be happy to discuss your bespoke circumstances with you.