BREXIT: An Update for Employers
Published on May 6th, 2021 | by Sophie West
The UK officially left the European Union on 31 January 2020 however the transition period (whereby nothing changed) ended on 31 December 2020.This meant that new rules governing the new relationship between the UK and EU came into effect on 1 January 2021. It is important that businesses have implemented changes to be ready for the 1 January 2021 changes.
It is a criminal offence to knowingly employee a person who requires but lacks immigration permission. The maximum prison sentence is 2 years and an unlimited fine. This short blog will answer the most common questions about Brexit and employment.
Can I still employ a European National?A: Yes. Until the 30th June 2021, you will need to check an applicants right to work in the same way that you do now. You cannot require them to show you their status under the EU Settlement Scheme until after 30th June 2021.
Q: What about the EU Settlement Scheme?
A: After the 30th June 2021, European Union (EU), European Economic Area (EEA) and Swiss citizens who wish to continue living and working in the UK must have applied to the EU Settlement Scheme and have been granted Pre-Settled or Settled status. As mentioned above, you cannot ask for proof of their status before 30th June 2021, but you can ask for proof after this date.
Q: Will I need to sponsor them?
A: Yes. You will need a sponsor license to hire employees who are coming from outside the UK after 31st December 2020 unless they have a Pre-Settled Status under the EU Settlement Scheme. You can apply for a sponsor licence on the gov website and be given a licence rating if you’re successful. Once successful, you will be able to issue certificates of sponsorship to people you want to employ who live outside of the UK.
Q: How does the points-based immigration system work?
A: Under the new immigration points-based system, anyone that wants to come into the UK needs to meet a set of requirements. Each requirement will score points, and anyone that gains enough points are awarded with visas. A minimum of 70 points is required. There are a number of different immigration routes for someone to enter the UK.
The point-based immigration system doesn’t apply to EU citizens that already live in the UK prior to 31 December 2020.
If you require any HR support or advice, please feel free to give us a call on 01527 571611 and we will be more than happy to help.
