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EU Settlement Scheme – keeping your homegrown talent

Aug 06, 2019

What is the EU Settlement scheme, how does it affect EU workers in Britain, and why should employers take notice?

The EU Settlement Scheme is a government programme that allows EU, EEA or Swiss nationals currently living in the UK to apply to remain here following the country’s exit from the European Union. Successful applicants who have lived here for five years or more will be given settled status, while those who have been here for under five years will receive pre-settled status.

It’s imperative that those responsible for the recruitment and management of overseas workers in their companies are aware of the scheme and what is required during the application process. While it’s not yet clear what will happen to EU employees in Britain without a registered status, it’s safe to assume they will no longer be able to work in the country once the deadline has passed. Along with causing disruption for both the worker and their employer, there may also be legal ramifications for both parties.

What can I do as an employer to keep my EU employees?

Firstly, there are a couple of dates for UK employers and their EU employees to be aware of. If Britain and the EU agree a Brexit deal by the 31st October deadline, then the final date for registering for settled status will be 30th June 2021. However, if no deal is reached, the date moves forward to 31st December 2020. The government’s website explains the process here: https://www.gov.uk/eusettledstatus

As an employer, there are a number of steps you can take to prepare

1. Undertake an audit to identify which of your employees are affected
2. Make use of the factsheets, posters and videos that the government has provided to raise awareness in your workforce
3. Check the expiry date of your Tier 2 sponsor licence. This system is likely to be extended to EU nationals after 2020
4. Make a diary note to conduct Right to Work checks in 2020 in order for your business to remain compliant with new immigration rules
5. Encourage your employees to review the options open to them. For instance, if they are eligible for Permanent Residence it might be more appropriate to apply for that instead of the EU Settlement Scheme

If you’re concerned about the possible pitfalls of the process, the UK Visas immigration team offers expert assistance. Let us help you by:

• Reviewing the status of your EU employees and their family members
• Assisting with applications
• Advising employees of their options
• Performing compliance reviews
• Examining your Right to Work checks and providing advice on best practice post-Brexit

Contact us now to arrange a free consultation and find out how we can support your organisation and assist your EU employees in securing their long-term status in the UK.

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For more than a decade we have been assisting businesses and individuals with immigration and visa enquiries, providing sound advice and successfully handling applications.
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