Legal News | 15.10.19

EU Settlement Scheme Fact sheet

What businesses should be thinking about with a No Deal Brexit on the horizon.

If you currently employ someone from a country in the EU, EEA or Switzerland who is a resident in the UK before 31 October 2019, that person should be applying for the EU Settlement Scheme.

What is the EU Settlement Scheme? 

The EU Settlement Scheme allows EU, EEA and Swiss citizens and their family members that are current residents in the UK to get the status they will need after Brexit, to continue to be eligible for public services, public funds and pensions, and British citizenship if they want to apply and meet the requirements.

Why do you need to apply?

After the UK leaves the EU you might be asked to prove your rights to do things like get a job, study, use the NHS, claim state pension, rent a home. You can prove this by showing you have pre-settled status, settled status or British Citizenship.

What is the difference between pre-settled status or settled status?

Pre-settled status

Where you have lived in the UK for less than 5 years, you should apply for pre-settled status. You need to prove you have lived in the UK for one day in the last 6 months to apply for pre-settled status. It will allow you to live and work in the UK for up to 5 years.

Settled Status

If you have lived in the UK for 5 years or more you can apply for settled status. This allows you to live and work in the UK for as long as you like, live outside the UK for up to 5 years without losing your status, and apply for British Citizenship 12 months afterwards. You are even permitted to bring your family to live in the UK too.

How do you apply for the EU Settlement Scheme?

You can apply for free online by completing an application process at ( https://www.gov.uk/settled-status-eu-citizens-families/applying-for-settled-status ).

What do you need to apply for the EU Settlement Scheme?

1. Proof of identity;

• You need a valid passport or national identity card and a digital photo of your face.

2. Proof of residence (lived in the UK for 5 years or more);

• You can give your National Insurance number on your online application. If the check carried out is unsuccessful, you will be informed and may need to provide further documentation.

3. To declare any criminal convictions.

• Eligibility for settled or pre-settled status can be obtained if you have been convicted of a crime, but it is decided on a case by case basis.

When do you need to apply by?

If the UK leaves with no deal by 31 December 2020.

If the UK leaves with a deal by 30 June 2021.

We advise that individuals concentrate on 31 December 2020 deadline.

What happens if you employ someone from the EU, EEA or Switzerland after 31 October 2019?

At the moment, as an EU, EEA or Swiss citizen you can live, work and study in the UK as you do now until the 31 December 2020.

After 31 December 2020, you will need to apply for temporary UK immigration status which lasts for a period of 36 months. The application is free of charge and can be done online as and when it is ready. This will provide you with digital status and this will have to be used to prove your rights from January 2021. After the 36 months is up, you will have to move back to the EU, EEA or Switzerland.

What should you be doing as an Employer?

You should:

1. Continue to carry out current right to work checks on EU, EEA and Swiss citizens until the new immigration system is in place in 2021;
2. Continue to accept EU, EEA and Swiss passports/national identity cards as evidence of an individual’s right to work; and
3. Be aware of who in your workforce will be impacted.

You could:

1. Communicate with your staff who are affected by this scheme to ensure that they are aware of what they need to do;
2. Provide assistance where required for your staff to apply to the scheme; and
3. Provide a work station at work for employees to access the relevant websites.

What can we do to help?

We can assist by reviewing and advising on:

1. Your processes for carrying out right to work checks;
2. Your employment contracts to ensure appropriate clauses are included for an employees right to work in the UK;
3. The polices you have in place or should have in place, which will be affected by this procedure, and we can advise on your obligations as an employer.

Should you have any further enquires you can contact the commercial team on 01380 733300 or at commercial@wansbroughs.com.