One of the many impacts of Brexit is that EU, EEA and Swiss citizens currently living and working in the UK will no longer automatically retain the right to remain here.
To retain these rights anyone in this position needs to apply to the EU Settlement Scheme by the impending deadline date of 30th June 2021. This is the process for achieving the legally required ‘settled’ or ‘pre-settled’ status in order to prevent deportation.
You and any applicable staff member(s) may already have this in hand, but the requirements haven’t been advertised as much as they could have been, and it’s crucial to retaining valuable people within your company. If they haven’t applied to the process by the deadline date you can no longer legally employ them, leaving them and you in a difficult position.
It’s important to note that place of birth doesn’t guarantee the right to remain, and the legislation affects more people than you might assume.
Any EU, EEA or Swiss citizen not currently a British citizen needs to apply even if they:
- were born in the UK but are not a British citizen – you can check if you’re a British citizen if you’re not sure
- have a UK ‘permanent residence document’
- are a family member of an EU, EEA, or Swiss citizen who does not need to apply – including if they’re from Ireland
- are an EU, EEA, or Swiss citizen with a British citizen family member
Full details of the requirements and application process can be found here and there’s still time: as long as an application is made by 30th June the applicant can continue living and working as normal pending a decision by the Home Office.