EU Workers and the Settled Status Deadline: 30 June 2021
Is your business prepared? You are probably thinking not another rallying call by immigration solicitors about Brexit. The honest answer is that yes, it is, sort of, as whilst free movement for EU nationals ended on the 31 December 2020, EU citizens have until the 30 June 2021 to apply for settled status under the EU Settlement Scheme. Whilst you may not think that it is not your job as a UK employer to molly coddle your employees, or get involved in their immigration status, failure to do so could result in major upheaval for your business.
UK Immigration Solicitors
For information on the EU Settlement Scheme and advice on sponsor licences and your business immigration law needs call OTS Solicitors on 0203 959 9123 or complete the online enquiry form.
EU worker rights
The Brexit transition period ended on the 31 December 2020. Many saw the 31 December 2020 as the end of a painfully long Brexit process. Immigration solicitors viewed the 31 December 2020 as the start of an equally complicated new immigration era for UK businesses.
The end of free movement for EU nationals is now being felt in many industries heavily reliant on hiring EU workers, such as the construction industry, transportation firms and the hospitality and restaurant sector, who can now only hire EU workers if the workers :
- Are eligible to apply for settled status or pre-settled status under the EU Settlement Schemebecause the EU national entered the UK to live before the 31 December 2020 or
- Have already secured pre-settled status or settled status or
- Entered the UK after the 31 December 2020 but are eligible to remain in the UK subject to immigration controls as EU national is in the UK on a valid visa, such as a skilled worker visa or intra company transfer visa, or other type of work visa, such as a temporary agricultural visa.
However, if your business employs EU workers who are eligible to apply for pre-settled status or settled status under the EU Settlement Scheme but they haven’t done so then if the employee does not make their settled status application before the 30 June 2021, they lose their right to do so unless they fall within one of a limited number of people who may be allowed to apply late.
Some UK employers and EU workers aren’t recognising the extent of the problem hurtling towards them on the 30 June 2021. That’s because if an employee has been with the business for a number of years the firm may not automatically know that their employee will need to apply for settled status and, if the employee doesn’t do so, that the business will need to sponsor the employee through applying for a Home Office issued sponsor licence.
Not all firms want to apply for a sponsor licence so they won't be able to legally continue to employ their EU employees who aren’t eligible to apply for settled status under the EU Settlement Scheme. That could lead to additional recruitment costs as your business won't be the only firm in that position fighting to employ available UK workers and those EU nationals who have secured pre-settled status or settled status. UK businesses may find that there is no cost-effective solution to the current recruitment issues in some sectors of the economy other than to apply for a sponsor licence to sponsor EU nationals on skilled worker visas and other forms of business or work visa.
Permanent status and EU worker rights
Many UK employers, particularly those in the construction industry who are heavily reliant on volume EU national trades, think that if their EU national employees have a permanent residence card then the employee won't need to apply for settled status . That isn’t correct. If an EU employee has permanent residence and has gone on to secure British citizenship then they don’t need to apply for settled status and they won't be subject to immigration controls. However, an employee with permanent residence has until the 30 June 2021 to apply for settled status.
Can an employer force an EU national to apply for settled status ?
The short answer is that no, a UK employer can't force an EU national who is an employee to apply for settled status under the EU Settlement Scheme.
An application for settled status has to be made by the employee; it can't be made by an employer, however tempting it is for a HR director to sort out the headache.
There is also no legal obligation on the EU national employee to inform their UK employer that they have successfully applied for pre-settled status or settled status. However, it is normally in the interests of the employee to do so.
If an employer can't force an EU hire to apply for settled status, then what can they do? They can try to make it easy for an employee to apply for settled status, for example, giving out information or by holding settled status clinics for same day settled status applications. They can also explain that if the business doesn’t hold a Home Office issued sponsor licence, then the company won't be able to sponsor an existing EU employee who will be subject to immigration controls and require a work visa to work in the UK after the 30 June 2021. Depending on the nature of the EU employees role the worker may not qualify for a skilled worker visa. For example, because they don’t meet the skills criteria or the job doesn’t meet the minimum salary threshold required for a skilled worker visa.
If you are the employer of an EU citizen or an EEA or Swiss national who is living in the UK then it is best to encourage your employees to make an application for settled status or pre-settled status as soon as possible and not later than the 30 June 2021 and to plan for long term recruitment needs and get advice on sponsor licence needs.
UK online and London based immigration solicitors
Our friendly expert London based immigration solicitors can answer EU Settlement Scheme questions and look at whether your business should apply for a sponsor licence. Call OTS Solicitors on 0203 959 9123 or complete our online enquiry form. Appointments are available through video conference or by telephone.