2 December 2020

Employers' Guide to employing EU Nationals (and other workers) after Brexit

From 1 January 2021, freedom of movement between the UK and EU will end and the UK will introduce an immigration system that will treat all applicants equally, regardless of where they come from.  Anyone you want to recruit from outside the UK, excluding Irish citizens, will need to apply for permission first.

What does this mean?

Once successfully registered on the EU Settlement Scheme, EU citizens can continue to live and work in the UK free of immigration control, i.e. those with settled status (or pre-settled status) won't need visas to live or take up employment in the UK. 

Businesses who want to be able to employ new skilled workers after 1 January 2021, won't be able to employ a non-British national or EU citizen who is subject to immigration controls and requires a work visa to work in the UK if the company does not have a Skilled Worker Licence.  However, it is important to note that there will not be a general route for employers to recruit from outside the UK for jobs offering a salary below £20,480 or jobs at a skill level below RQF3 (A-level equivalent).  This means the elimination of the low skilled workers route is likely to have a significant impact on both employers in certain industries (manufacturing, retail, hospitality, construction, care services, etc) and the public (from, for example, resulting in increased costs and reduced service providers).

Key facts:

• If an EU national has lived in the UK for 5 continuous years, they can apply for “Settled Status” which will ensure they can continue to live and work in the UK as long as they wish.
• If an EU National hasn’t yet lived here for 5 continuous years, they can apply for “Pre-settled Status” which will mean that they can continue to live and work in the UK and then apply for “Settled Status” when they do have 5 continuous years of residence.
• The online application system is available via: www.gov.uk/eusettledstatus 
• EU, EEA or Swiss citizens’ right to work in the UK has not changed, even though the UK has left the EU.  They can still use their passport or National Identity Card until 30 June 2021.
• However, it will be compulsory for all EU Citizens to be registered by 30 June 2021 if they want to continue to reside and work in the UK. 
• To become a skilled worker under the new system, applicants will need to achieve 50 points in the mandatory categories and a further 20 points from a range of options.  

What employers need to do now:

• Review who in your workforce will be impacted. 
• Encourage employees to apply NOW for the most appropriate documentation for them.
• Utilise the available resources – use the government’s employer EU settlement scheme toolkit, which provides fact sheets, posters and videos to help you to raise awareness among your employees.
• Allow people who don’t have internet access at home time and facilities at work to access the registration website – consider a ‘champion’ to support them through the process and help them understand the requirements, especially if form filling and admin does not come naturally to them.
• Undertake personnel file reviews and complete full right to work checks on ALL employees (including your British nationals and not just those who 'appear' to be migrant workers, to avoid claims or discrimination or making assumptions)  

This last step is important for employers to ensure their workforce still has the right to work in the UK.  Don’t forget, all employers in the UK have a legal responsibility to prevent illegal working and you can be fined up to £20,00 per employee for not completing the appropriate right to work checks.  Note that non-UK citizens who do not apply for the correct residence status by the deadline would be considered to be in the UK unlawfully and therefore it would be a criminal offence for employers to employ them, risking the fines outlined.  Don't assume it can't happen to you - in just a 3-month period, businesses in the North-West alone were fined £370,000.  

More Information

Talk to Emma at Embrace HR if you need more help with any of the above - email em@embrace-hr.co.uk or call 01204 292007.  We can provide a comprehensive range of documentation, including checklists, declarations, sample paperwork, status check and share code information and letters for employees, along with details about skilled and 'un-skilled' workers and licence costs - get in touch now!  

All information on this site is correct at the time of publication based on the latest guidance from Gov.UK and other trusted and verified employment law sources.

Embrace HR (Consultancy) Ltd supports business in Bury, Bolton, Greater Manchester, Lancashire, Cheshire and beyond around the UK with expert HR advice and guidance.