As the UK continues to navigate the post-Brexit landscape, one of the most significant areas of change involves the status of EU workers in the country. With the deadline for the EU Settlement Scheme (EUSS) having passed on 30th June 2021, there are key changes that UK employers must be aware of. These changes affect both the workers who have obtained settled or pre-settled status and those who have not. This article will provide an update on the EU worker status post July 1, and highlight the essential details that UK employers need to know.
Understanding the EU Settlement Scheme (EUSS)
The EU Settlement Scheme (EUSS) was designed to protect the rights of EU, EEA, and Swiss citizens living in the UK before the end of the Brexit transition period on 31st December 2020. Those eligible had until 30th June 2021 to apply for either settled or pre-settled status, allowing them to continue living and working in the UK. The status granted depends on how long the individual has been living in the UK.
Settled and Pre-Settled Status: What’s the Difference?
Understanding the difference between settled and pre-settled status is crucial for both employers and employees. Here’s a quick breakdown:
- Settled Status: This is granted to EU, EEA, or Swiss citizens who have lived in the UK for a continuous 5-year period. It allows them to stay in the UK indefinitely.
- Pre-Settled Status: This is for those who have not lived in the UK for 5 years continuously but were residing in the UK before 31st December 2020. It allows them to stay for a further 5 years, during which they can apply for settled status.
Key Changes Post July 1
With the deadline for the EUSS having passed on 30th June, there are several key changes that UK employers must be aware of:
1. Right to Work Checks
From 1st July 2021, employers must carry out right to work checks on all EU, EEA, and Swiss citizens to ensure they have the legal right to work in the UK. This is a significant change settled status, as prior to this date, employers could accept an EU passport or ID card as proof of right to work.
2. New Points-Based Immigration System
The UK has introduced a new points-based immigration system. This means that EU, EEA, and Swiss citizens arriving in the UK to work after 1st January 2021 will need to apply for a visa in advance. They will need to meet specific requirements, including job offer level, English language proficiency, and salary threshold.
3. Status of Existing EU Workers in the UK
For EU workers in the UK who applied to the EUSS before the 30th June deadline, their rights are protected, regardless of whether they have received a decision yet. However, those who did not apply by the deadline may have their right to work and access services in the UK affected.
What Employers Should Do Now
Given these changes, there are several steps that employers should take:
- Ensure they are carrying out right to work checks correctly for all new hires.
- Understand the new points-based immigration system and how it affects their recruitment process.
- Support existing EU employees who have applied to the EUSS but are yet to receive a decision.
- Seek legal advice if they employ someone who did not apply to the EUSS by the deadline.
Conclusion
The changes to the status of EU workers in the UK post-Brexit are significant and have far-reaching implications for UK employers. By understanding these changes and taking the necessary steps, employers can ensure they remain compliant with the law and continue to support their EU employees effectively.
