Employing EU, EEA and Swiss citizens and their family members after Brexit
12 April 2019
New guidance from the Home Office has been published which provides information for employers on right to work checks and immigration status of EU, EEA and Swiss citizens and their family members working in the UK after Brexit.
Right to work checks
There will be no change to the way EU, EEA and Swiss citizens prove their right to work until 1 January 2021. This remains the same if the UK leaves the EU without a deal.
When carrying out right to work checks that will give you a statutory excuse from a civil penalty, you will not need to distinguish between EU, EEA and Swiss citizens and their family members who were resident in the UK before or after the UK leaves the EU.
From 1 January 2021, new guidance will apply for right to work checks. This will be issued in due course.
Employing EU, EEA and Swiss citizens if the UK leaves the EU with a deal
There will be no change to the right to work of EU, EEA and Swiss citizens arriving in the UK before 1 January 2021 if the UK leaves the EU with a deal.
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those arriving in the UK before 31 December 2020 will have until 30 June 2021 to apply to the EU Settlement Scheme to ensure they continue to have lawful status in the UK
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EU, EEA and Swiss citizens arriving in the UK after 1 January 2021 will need to apply to the Home Office for status under the new immigration system.
Employing EU, EEA and Swiss citizens if the UK leaves the EU without a deal
EU, EEA and Swiss citizens and their family members who enter the UK before the UK leaves the EU will be able to apply to the EU Settlement Scheme to live and work in the UK. The application deadline will be 31 December 2020 and there will be no application fee.
Immigration to the UK from 1 January 2021
The future skills-based immigration system white paper sets out the government’s plans to introduce a new single immigration system from 1 January 2021.
Full details and links to further information can be found in the new guidance on ‘Employing EU, EEA and Swiss citizens and their family members after Brexit’.