‘Settled Status’ process for EU citizens post Brexit

02 October 2018

If EU citizens want to stay in the UK beyond 31 December 2020, they and their close family members will need to apply to the EU Settlement Scheme

Although there is no legal obligation for employers to communicate the EU Settlement Scheme to their employees, you may wish to signpost the information that the Government is providing.

It is also important for employers to know what the EU Settlement Scheme means for you:

  • You have a duty not to discriminate against EU citizens in light of the UK’s decision to leave the EU as both a prospective and current employer.

  • Current ‘right to work’ checks (e.g. EU passport and/or national ID card) apply until the end of 2020. There will be no change to the rights and status of EU citizens living in the UK until 2021.

  • You are not expected to pay/support the cost of the EU Settlement Scheme application for your EU citizen employees. You are welcome to do so at your discretion.

  • You do not have to interpret information provided by the Government and you must be careful not to provide immigration advice.


The Scheme is being phased in and will gradually open more widely until it is fully open by the end of March 2019.

Employers, industry groups and community groups in the UK will be able to give EU citizens practical advice on how to apply for settled status with the help of a toolkit published by the Home Office. This guidance is being updated as and when required.

You can also sign up, and/or encourage your employees to sign up, for email alerts on the status of EU citizens in the UK and encourage employees to visit the campaign page to learn more about their EU citizens rights.