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Brexit series #3 – EU Settlement Scheme

Posted on: January 12th, 2021 by Ginny Hallam

EU workers who arrived in the UK on or before 31 December 2020 can apply for settled, or pre-settled status.

Here’s the need to know detail on how the scheme operates in practice.

Deadline – EU workers who arrived in the UK on or before 31 December 2020 have up until 30 June 2021 to make their applications for settled or pre-settled status.

Settled status – EU workers who have lived lawfully and continuously in the UK for five years or more (prior to 31 December 2020) can apply for settled status.

Pre-settled status – EU workers who have lived in the UK for less than five years (prior to 31 December) can apply for pre-settled status. Pre-settled status allows those workers to remain living and working in the UK until they acquire five years’ continuous residence. They can then apply for settled status.

Right to work checks – prior to 30 June 2021, as an employer you should not require proof from EU workers that they’ve applied for settled or pre-settled status (see our last update).

Checking status after 30 June 2021 – you can access EU workers’ online record (here) to check their immigration status. To do so the employee will need to request a single-use code (via text or email) which they’ll then be able to share with you to allow to access their record.

Failure to obtain the necessary status – if an EU worker’s application is rejected, or they fail to apply in time, they will lose the right to live and work in the UK. Always take advice from us before dismissing an employee on this basis.

We’re including a comprehensive Brexit FAQs (and additional supporting documents) on our Intelligent Employment platform this week to guide you through the employment law implications of Brexit. If you don’t already have access to Intelligent Employment, get in touch to find out more.

 

This update is accurate on the date it was sent (12 January 2021), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.