What happens if there is a no-deal exit? "Freedom of movement as it currently stands will end on 31 October when the UK leaves the EU,” said a Home Office spokesperson recently. Whereas under the withdrawal agreement, freedom of movement would have stayed for a two-year transition period. So, what does this mean for employers and employees?
The Home Office’s most recent update on the EU Settlement scheme says:
“We want to reassure all EU citizens and their family members in the UK that you still have until at least 31 December 2020 to apply to the EU Settlement Scheme, even in the event of a no-deal exit. Furthermore, if someone who is eligible for status is not in the UK when we leave the EU, they will still be free to enter the UK as they are now.
Those who have not yet applied to the EU Settlement Scheme by 31 October 2019 will still have the same entitlements to work, benefits and services. Those rights will not change. EU citizens will continue to be able to prove their rights to access these benefits and services in the same way as they do now.”.
But what of those entitled to apply for settled status who are away from the UK on holiday or for work on 31 October, or who travel away from the UK after that date? It’s not clear how the UK Border Agency will distinguish between those with and without entitlement to apply for settled status.
2.6 million citizens from other EU countries who live in the UK have yet to apply for settled status. The application is made on the “Apply to the EU Settlement Scheme” page of the gov.uk website. The following documents are required. Proof of:
- identity – passport, ID, digital photograph - other documents are relevant for different countries, and there are options for those without documents, too
- residence in the UK (unless valid permanent resident document or indefinite leave to remain/enter have already been obtained).
Documents can be scanned in via an android app, or at a scanning centre (although such centres are not always conveniently placed), or sent by post. Community support is available for vulnerable citizens. There is a list of organisations on the gov.uk site.
If Brexit is going to affect you as an employer or an employee, please contact Emma-Louise Hewitt on 0808 166 8860 or email her on e.hewitt@sydneymitchell.co.uk for advice.
If you would like help and advice on any immigration matter please speak to Andre Minnaar or Melissa Southall on 0808 166 8827. Or you can email them on a.minnaar@sydneymitchell.co.uk / m.southall@sydneymitchell.co.uk
 |
 |
 |
 |
 |
 |
|
