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All UK-based EU workers MUST apply to the EU Settlement Scheme

27 September 2019

Thomas Miles

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Some EU/EEA migrants may not currently realise that if they wish to continue living and working in the UK in the future, they must make an application under the UK government’s EU Settlement Scheme - even if they already hold Permanent Residence!


If the UK leaves the EU without a deal:

 

The free movement of EU workers into the UK will end as of 11pm on the Exit Date. Any EU worker arriving in (i.e. not already resident in) the UK after that time will not automatically be able to stay or work in the UK for any longer than 3 months and would need to make an application to stay longer.


The Settlement Scheme will only be open to EU nationals resident in the UK before the Exit Date. They must apply under the Scheme by 31 December 2020. Eligibility for non-EU family members will depend on the date the relationship began.

 

If the UK leaves the EU with a deal:


If the UK leaves the EU with a deal, then under the current proposed agreement, EU nationals resident in the UK must make an application under the Settlement Scheme by 30 June 2021. Free movement will end on 1 January 2021 so EU nationals must be resident in the UK by 31 December 2020.


If your company is a Sponsor Licence holder and you have EU workers holding Key Personnel roles (e.g. Level 1 User, Key Contact or Authorising Officer) then you must be aware of the above and take appropriate action to ensure your Key Personnel remain authorised.


It is clear that regardless of whether the UK leaves with or without a deal, and regardless of whether the individual already holds Permanent Residence, all EU migrants wishing to stay in the UK (and their family members) must apply under the Settlement Scheme. We at 3HR are very happy to work with companies in assisting their employees to apply under the Settlement Scheme, and for employers of large numbers of EU migrants we can offer “roadshows” to explain the scheme to your employees and “clinics” to carry out the application process for them, all at your premises.


Ensuring your workers’ ability to remain in the UK is key to retaining their skills - a concerned and stressed workforce is counterproductive, and migrants uncertain about their future may simply decide to leave the UK, which may cause problems for your future workforce planning.


To discuss the Settlement Scheme, or how 3HR can help your business and workforce prepare for the UK’s exit from the EU, please contact Thomas Miles, Head of Legal, on +44 (0)20 7194 8140 or thomas.miles@3hrcs.com.

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Solicitor/Head of Legal​​

Thomas Miles

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