How employers can help secure the rights of EU staff

Louis MacWilliam, Immigration expert at Black Solicitors LLP explains what the recent changes are, and how employers can protect their EU employees.

Given the complex and protracted negotiations, employers might be forgiven for switching off from all things Brexit.  Yet on the rights of EU citizens, at least, there is concrete agreement.  A new mandatory registration system for EU nationals is coming into force this year.

There may be other ways EU nationals can secure their rights pre-Brexit, including applying for British citizenship or EU residence documentation.

I’m worried about my EU staff and recruitment. How does Brexit affect my ability to retain and recruit EU nationals?

The position is now clear for EU nationals and their families who live here or who arrive before December 2020. They can live and work here and eventually obtain Indefinite Leave to Remain (and then British nationality).

However, EU citizens must register under a new mandatory system: The EU Settlement Scheme.

 For EU citizens arriving after 2020, there is little information available.  The post-2020 position sits outside the Brexit deal.  More detail is expected in September/October.

What is the EU Settlement Scheme?

The EU Settlement Scheme will be trialled from 28 August 2018 and rolled-out later this year. It will be fully operational by the time Britain leaves the EU on 29 March 2018.

Almost all EU nationals, and their family members, will have to register by 30 June 2021 at the latest.  The cost of registration is £65 per adult.  Those not registered will be living here illegally. An employer who employs such a person could face penalties. It’s essential that EU nationals register.

EU nationals and their families who have been here for five years can register for ‘Settled Status’, which means Indefinite Leave to Remain.  Those with under five years must apply for ‘Pre-Settled Status’. They can then build up five years’ residence and re-register for Settled Status.

So, the Government’s pushing ahead with the EU Settlement Scheme – but I thought “nothing is agreed until everything is agreed”?

 There remains real disagreement over many key issues – but not EU citizens’ rights.  Even if there was a ‘no-deal Brexit’, it’s unlikely the Government would pull the plug on the EU Settlement Scheme.  After all, it will be up and running before the Brexit deal is signed off.

There’s a balancing act between preparing for Brexit and wanting certainty. Our view is that there is clarity in respect of EU citizens’ rights, which is why we are encouraging employers to take action now.

So what should my EU employees do? Do they wait to register on the EU Settlement Scheme or try to secure their status now?

 There’s no general rule, but there are three options:

• Many EU nationals may already be eligible to apply for British citizenship. Those who can (and want) to become British should apply without delay as this is the strongest immigration status.
• Some EU nationals will be best served by obtaining EU residence documentation now, prior to Britain leaving the EU.
• Others will be best off waiting to register on the Scheme.

It really does depend on an individual’s circumstances.

But is this my responsibility?

No, but many EU employees are worried and confused about their future. The Government has published information about the EU Settlement Scheme, but its website won’t address individual circumstances (i.e. whether a particular EU national should become British, apply for EU documentation now, or wait to register on the EU Settlement Scheme).

An employer can play a crucial role by providing practical advice and reassurance.

How do I go about helping my EU employees?

The specialist Business Immigration team at Blacks can assist businesses, including offering on-site support. We can:

• provide a seminar or workshop to EU employees
• assess individual eligibility and explain how to become British, obtain EU documentation pre-Brexit, or register under the new EU Settlement Scheme
• give one-off advice to any other migrant employees.

We can additionally:

• review the status of all migrant employees to see how Brexit will affect recruitment
• verify that correct Right to Work checks have been completed and advise on best practice.

For further information, contact Louis MacWilliam on LMacWilliam@LawBlacks.com or call 0113 322 2842.