Students Staff
University of Essex

March 19, 2019

Brexit: Implications for job applicants and existing EU/EAA staff

Filed under: Advice & Support — Tags: — Mohammed Alam @ 12:08 pm

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.

 

 

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.

 

 

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.

Update – Chancellor Phillip Hammond announced in his Spring Statement on 13 March 2019 that from autumn 2019 PhD level occupations will be exempt from the Tier 2 (General) cap on the number of skilled worker visas that are granted each month.

 

The Chancellor also announced that from autumn 2019, the Government will update the immigration rules on 180-day absences “so that researchers conducting fieldwork overseas are not penalised if they apply to settle in the UK”.  (Previously absences of 180 days or more, even for research purposes, might prevent Indefinite Leave to Remain being granted)

 

 

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.

 

 

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.

 



October 11, 2018

Brexit Session – Simon Kenny, Principal Associate, Eversheds Sutherland

Filed under: Advice & Support — Tags: , — Mohammed Alam @ 3:14 pm

31 October and 14 November, LTB 8   1.30pm – 4pm

There are two sessions being delivered by the legal firm, Eversheds Sutherland, on the 31 October and 14 November covering Brexit for our EU colleagues.  These sessions will help us to understand the immigration implications of Brexit and the practical steps which could be taken now in relation to remaining in the UK. Whilst the rules and requirements are still subject to change, the session gives an opportunity to find out more information and ask questions.  A provisional agenda for each session is given below:

  • an explanation of the provisions currently determined regarding citizens’ rights and those yet to be agreed;
  • a detailed guide to the applications which are relevant to you and could confirm your right to live in the UK.  The intention is that this would provide the information needed to make the applications or, alternatively, highlight potential problems which might require further legal help;
  • a summary of the processes used by UK Visas and Immigration to determine such applications, practical issues such as timing and documentation necessary, and how this is envisaged to change between now and December 2020;
  • a practical explanation of how British citizenship applications can be made and the relevance of these to the relevance of dual nationality;
  • a discussion of queries raised.

The session will not be a guide to individual applications but will deal with the points mentioned above and leave at least 1 hour 30 mins for questions.

After the sessions, Simon is happy to pick up queries in private discussions which directly relate to clarification of something which has been discussed, but he will not be able to advise in detail about individual applications and whether they qualify.

There is the option of attending this session via webinar using the software Zoom.  We will also be recording the sessions via Zoom and they will be made available online.  For colleagues attending from the Southend and Loughton campus, you can attend via webinar from your PC, and you will also be able to submit questions via the webinar.

If you would like to attend please email brexit@essex.ac.uk indicating which date you would like to attend and whether you would like to attend in-person or via the webinar.  If you are attending via webinar you will be sent a link with details of how to attend closer to the time.



February 15, 2017

UKCEN and The 3 Million

Filed under: Advice & Support — Tags: — Marty Jacobs @ 11:10 am

Following the European Union referendum on 23rd June 2016, a shockwave has been travelling through the communities of non-British EU citizens who have built their lives in this country. The prospective withdraw from the European Union, known as Brexit, is understandably causing a lot of uncertainty and worry, especially for EU citizens who are part of the University’s diverse education and research community. Ritta Husted, Director of Education for International Academy, has found two excellent resources to help EU citizens and their families.

The first is a closed Facebook group called UKCEN (UK Citizenship European Nationals). The group is supported by a number of immigration lawyers who offer individual advice to questions posed by members on topics such as permanent resident applications and the naturalisation process—this service is free and simply invaluable. You can also read a plethora of informative FAQs and fact sheets through the group.

The other is a not-for-profit organisation and support network called The 3 Million, which campaigns to safeguard and guarantee the rights of EU citizens in the UK, and British citizens in Europe, after Brexit. It takes its name from the estimated number of EU citizens who moved from another member state to live and work in the UK. The organisation is working with politicians and the Government to preserve the rights of all EU citizens in the UK, as well as British citizens living in Europe, now and in the future. It also engages with businesses and public sector organisations to support EU workers. As well as their website, The 3 Million also manage a closed group on Facebook.

Both of these organisations are a fantastic source of support and give those affected by Brexit a way to discuss their options and share experiences.