"Time Is Running Out": HR preparation for Brexit

HR Considerations for Brexit

1. Alert employees who are EU/EEA or Swiss nationals living in the UK to apply for settled or pre-settled status under the European Settlement Scheme (“ESS”).

• An employee who is an EU/EEA or a Swiss national, and their close family members can apply to remain in the UK, subject to meeting ESS eligibility criteria, proof of identity and proof of continuous residence.
• The ESS is open until 30 June 2021 for those who are resident in the United Kingdom by 31 December 2020.
• EU/EEA and Swiss employees who fail to apply to the scheme by 30 June 2021 will lose their right to live and work in the UK. They may also become burdened with the significant costs of an application under the UK’s immigration system, whereas ESS applications are free.
• Government resources to support employees to apply to the ESS are available here.

2. Applying for a sponsor licence if you wish to recruit overseas nationals after 1 January 2021.

• From 1 January 2021, any UK business seeking to hire anyone from outside the of UK, including the EU and EEA will need to be a Home Office licenced sponsor.
• Applications can be made online and can take eight weeks to process.

3. Ensure that UK nationals who are based in EU/EEA countries have applied for the reciprocal settlement scheme for the country in which they are based.

• The EU have produced guidance for UK nationals living in each of the 27 EU member states, including details of any visas or work permits that may be required.

4. Warn UK-based employees who are required to travel to the EU/EEA for work purposes that they may need visas, permits and documentation to travel.
5. Review HR policies to ensure compliance with sponsorship and right to work requirements.

• UK employers must check that people have the right to work in the UK before they start work and throughout their employment.
• From 1 January 2021 to 30 June 2021, EU/EEA and Swiss citizens can still use their passport or National Identity Card to prove their right to work in the UK. From 1 July 2021, EU/EEA and Swiss citizens will be required to provide the same documentation as all overseas nationals under the new points-based immigration system for recruiting overseas nationals. The employer must be a Home Office licensed sponsor (see point 2 above).
• Employing an individual who does not have the right to work in the UK, without carrying out appropriate right to work checks, can result in civil penalties of up to £20,000 for each illegal worker.

If you have any further queries about how best to prepare your HR processes for Brexit, please get in touch with our employment team.