The EU-UK Trade and Cooperation Agreement, now in place, means change.
It will require adapting to new rules on people.
Update July 2021 – The EU Settlement Scheme deadline was the 30th of June 2021 and for most people this scheme is now closed for applications. For more information on late applications due to specific circumstances please read more here
What Does the EU Settlement Scheme Mean for Employers?
The UK government has offered some guidance on what the EU Settlement Scheme means for employers.
How Employers Can Help
Let’s look at some examples of how employers might be asked to help their employees with some advice.
Jairo is a Dutch national. He applies for a job at ABC Ltd in May 2019. The owner of ABC Ltd rejects Jairo’s application, simply because Jairo is an EEA national. As that is discrimination based on Jairo’s nationality, the owner of ABC Ltd has acted illegally.
Hugo is Portuguese. Hugo makes an application under the EU Settlement Scheme, and that application is rejected. Hugo’s employer dismisses him before the EU Settlement Scheme closes. That is illegal, as Hugo can make multiple applications under the EU Settlement Scheme.
XYZ Ltd has given each of their employees a copy of the “EU Settlement Scheme employer’s toolkit”. XYZ Ltd is keen to ensure all its employees make an application under the scheme, so it introduces workshops to show its employees how to make an application under the scheme. XYZ Ltd also trains their HR staff and gets external assistance to assist their employees with applications under the scheme. A staff member asks XYZ Ltd for immigration advice connected to their application. It is illegal for XYZ Ltd to provide this advice.
The Employer Toolkit
The employer toolkit contains relevant materials for you and your employees, including a practical communications plan. The toolkit contains information about the scheme, leaflets, posters social media tips and a glossary of key terminology.
This information will show will help you understand the application process for the EU Settlement Scheme.
How to Make an Application under the EU Settlement Scheme
There are a number of guides online on how to complete an application under the EU Settlement Scheme, which is fully opened.
We have provided a guide by CJ McKinney, from the “FreeMovement” website. Please click play to view.
Advice for cross border workers
It should be noted that Irish passport holders do not have to make an application under this scheme, as their rights are protected due to the Common Travel Area.
British passport holders also do not have to make an application under this scheme, as they do not require immigration permission to live and work in the UK.
Generally, other EU nationals who live in the Republic of Ireland (or indeed anywhere in the EU), and worked in the UK or Northern Ireland prior to 31 December 2020 should make an application for a Frontier Worker Permit to obtain proof of their right to work in UK and Northern Ireland.
Whilst there is no deadline to apply for the scheme, it should be noted that “Right to Work” checks are due to change on 1 July 2021. As a result, if an application has not been made it may be difficult for the EU national to prove that they have the legal right to work in the UK.
Family members are not covered by the Frontier Worker Permit.
Frontier Worker Permits are valid for either 2 or 5 years and can be renewed for as long as a person continues to be a Frontier Worker in the UK or Northern Ireland.