Employing staff from other EU/EEA countries – between 29 March 2019 and 31 December 2020 (the Implementation Period)
| Deal | No deal |
| There will be no change to the immigration status of EU staff who are already resident in the UK, or who arrive before the end of the government’s Brexit implementation period on 31 December 2020. This was confirmed in the government’s Statement of Intent on the EU Settlement Scheme. EU nationals who already live in the UK, or who arrive by 31 December 2020, will be able to apply for ‘settled status’. This will enable EU citizens to live, work and study in the UK for as long as they like, with the ability to leave the UK for up to five years without endangering their settled status. The Settlement Scheme will open fully by 30 March 2019 and the deadline for applications will be 30 June 2021. A pilot of the scheme opened on 21 January. | Individuals arriving in the UK after 29 March 2019 in a no-deal scenario will be able to stay in the UK for up to three months, after which they will need to apply for European Temporary Leave to Remain. This will enable them to work, study and live in the UK for up to 3 years. Once their Leave to Remain expires, they will have to apply under the future immigration system (operational from 2021) for the relevant visa.
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Existing staff from other EU/EEA countries – between 29 March 2019 and 31 December 2020 (the Implementation Period)
| Deal | No deal |
| EU citizens who have already been in the UK for five years and can evidence that will be granted settled status. EU citizens who have lived in the UK for less than five years will be granted pre-settled status until they reach the five-year residency requirement. Those EU/EEA nationals with permanent residence will be able to convert their permanent residence status into the new settled status free of charge, subject only to verification of identity, a criminality and security check and proof of ongoing residence. | The government has published a policy paper on citizens’ rights in the event of a no deal. It confirms that even if no deal between the UK and the EU is reached, the EU Settlement Scheme will continue to be implemented, enabling EU citizens and their family members living in the UK by 29 March 2019 to secure their status and continue to be able to work, study, and access benefits and services in the UK on the same basis after UK’s exit from the EU as they do now. The scheme will be fully open by 30 March 2019 as planned. The planned application deadline will be brought forward to 31 December 2020 in the event of no deal.
The government has reached agreements with governments of EEA countries (Norway, Iceland and Liechtenstein) and Switzerland about the rights of their citizens. These are broadly in line with those negotiated for EU students and citizens. Nationals of these countries will be able to guarantee their rights in the UK through the EU Settlement Scheme once it opens fully at the end of March. The Political Declaration commits to negotiating mobility arrangements for researchers and scientists in a UK/EU trade deal.
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Post Implementation Period
The government white paper ‘The UK’s future skills-based immigration system’ provides details on the proposed system for employing workers from outside the UK following the Implementation Period: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/766465/The-UKs-future-skills-based-immigration-system-print-ready.pdf
After the UK’s exit and following the Implementation Period, there will no longer be one immigration system for non-Europeans, and another for EU citizens. UK Immigration Rules will apply to EU and non-EU migrants alike in a single skills-based system. From 2021 there will be no cap on the number of skilled workers allowed to enter the UK to work. (The Tier 2 cap is a monthly limit on the number of Tier 2 visas that can be granted to skilled workers from outside the EEA and Switzerland. Certain occupations, such as nurses, are already exempt from the cap.)
EU/EEA workers who have achieved settled status will be able to continue working in the UK without further checks.
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Recruitment process changes
Employing staff during the Implementation Period
| Deal | No deal |
| No change – EU citizens will continue to have a right to work in the UK. They will need to apply for settled or pre-settled status (depending on how long they have been resident in the UK) before 30 June 2021. | Additional RTW checks will be required to establish if the applicant is already resident in the UK. If already residing in the UK the applicant will need to apply for settled status.
If the applicant will be moving to the UK to start employment they will need to apply for European Temporary Leave to Remain within 3 months of arrival. Contracts will need revising to state continued employment is conditional on Leave to Remain being granted.
New reporting/workflows to be developed to advise line managers about requirements.
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Employing staff after the Implementation Period
| Deal | No deal |
| EU/EAA citizens who do not live in the UK and/or have not achieved settled status will be required to apply for the relevant visa under the new skills based immigration system. Detailed information on the new scheme is not yet available but will likely be similar to current Tier 2 sponsorship. This will mean an increase in workload and extended time to hire for EU/EAA workers into the UK. | |
