Employees currently living in the UK

Employees of businesses who are EU citizens and their family members who are already resident in the UK before Brexit are eligible to apply to stay in the UK under the EU Settlement Scheme.

If the UK leaves without a deal, they will still have until at least 31 December 2020 to apply under the scheme and until then can continue to take employment, rent property and claim benefits and access services as now. If the UK leaves with a deal, the deadline for applications may be deferred.

Applying for the scheme is intended generally to be a very straightforward and quick process.

Employees moving to the UK

Following Brexit, EU citizens and their family members seeking to move to the UK will be free to do so until 31 December 2020 and will also be entitled to apply to remain for a further three years from the date on which leave is granted under the European Temporary Leave to Remain scheme. Applications to this new scheme will be free and may be made after arrival in the UK. Subject to stricter rules regarding criminals, this is again intended to be a simple application process.

From January 2021, the Government proposes to introduce a new points-based immigration scheme. It is understood that EU citizens seeking to remain after the expiry of their Temporary Leave to Remain will need to apply under a category within the new system.

What should Businesses do?

In the short term, businesses are advised to ensure that their EU workers currently living in the UK are aware of their right and need to apply to stay under the Settlement Scheme.

How can we help?

We can assist by:

  • advising businesses or their employees further in relation to the proposed immigration arrangements or advising, on request,  in relation to any future changes which might be made to the proposed arrangements
  • providing assistance now or before the deadline to individuals who require it to complete Settlement Scheme applications, or, in due course, Temporary Leave to Remain applications

For help and advice please contact Julian Milan on 0808 166 8974 or email j.milan@sydneymitchell.co.uk

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