On this long awaited Brexit day, many businesses in the UK are understandably still wondering how our departure from the EU will practically affect their workforce with the end to free movement for EU workers and how new immigration rules will affect all migrant employees.
How will Brexit affect EU nationals who wish to stay in the UK after it has left the EU?
Under the Withdrawal Agreement, there will be a transition period between Brexit and 31st December 2020, the end of which has effectively become the “cut-off date” for citizens’ rights under free movement. This means that EU 27 nationals wishing to move to the UK can do so on the basis of free movement law until 31st December 2020.
EU nationals and their family members who wish to remain in the UK after the transition period must apply for pre-settled status (those with less than five years residence) or settled status (those with five years residence).
To be eligible for a grant of leave under the settlement scheme a person must:
- Fall within its scope
- Meet the residence eligibility requirements
- Meet the suitability requirements
- Make a valid application
Will there be a new immigration system?
The Government is currently looking at new immigration rules and Boris Johnson hopes to implement an Australian style point’s based system for all migrant workers, not just EU nationals.
It is being reported that the proposed £30,000 minimum salary threshold for migrant employees after Brexit is going to be scrapped. However, whilst the threshold may well be scrapped, or reduced, it is believed (according to The Times) that employment earnings will be a factor as part of a migrants’ application to reside in the UK, along with other criteria, such as qualifications, occupation, language skills and whether the person would be willing to work in a particular region of the UK.
It is also being reported that the Government will bring in an NHS visa, so that doctors, nurses and other health care professionals are given fast-tracked entry to the country.
Comment
These remain to be unsettling times for employers and it remains as important as ever to ensure that your staff have the right to work in the UK and that the necessary checks are made to comply with the rules in force at any given time.
How Nelsons can help
For further information or advice on employee right to work issues, please contact a member of our Employment Law team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.