European workers currently living in the UK will be able to apply for settled status in 2019, allowing them to remain indefinitely in the UK following the end of the Brexit transition period in 2021.
To be granted settled status individuals must be able to prove they have been living in the UK for five years by the date of application. Those who do not meet this requirement can apply for temporary status, allowing them to remain until they have accrued enough residency to be granted settled status. The deadline for applications will be 30 June 2021 if the deal goes ahead and 31 December 2020 in the event of no-deal.
It’s not yet clear what will happen when, inevitably, people fail to apply for the required settled or pre-settled status by the deadline. However, it’s looking likely that those individuals would be in the UK unlawfully and it would be a criminal offence for UK employers to employ them.
The EU settlement scheme opens fully on 30th March 2019, but employees can apply now if they meet the criteria.
What employers can be doing:
- The main thing for employers to do urgently, if not already actioned, is undertake a full audit of their workforce to identify who is impacted by Brexit.
- Employers should be taking an active role in encouraging employees to consider their status early on and apply for the most appropriate documentation for them.
- Employers are not expected to fund/support the cost of their employees’ application.
- Employers should be diarising to carry out right to work checks for May 2021 or in the event of a no-deal, October 2020.
If you would like more information or would like us to assist with an audit of your workforce or work checks. Please get in touch as we will be happy to assist – 01932 830664 or email sally.phillips@wardwilliams.co.uk