Get Ready for Brexit: Employing EU Nationals and non UK Nationals after 01 January 2021

Employing EU Nationals and non UK Nationals after 01 January 2021


From 01 January 2021, any EU citizen wanting to live and work in the UK without restrictions must be living in the UK by 31 December 2020.


Any EU citizen living in the UK before 31 December 2020 who wants to continue to live and work in the UK must apply through the EU Settlement Scheme by 30 June 2021, for either pre-settled status (if they have less than 5 years’ residence in the UK) or settled status (if they have 5 years’ residence or more in the UK).


The link to apply to the EU Settlement Scheme (settled and pre-settled status) is here.


What to do next as an employer:

  • Identify any EU citizens employed by your organisation

  • Inform them of their need to apply for settled or pre-settled status and provide support if required

  • Check EU citizens have confirmation of their right to remain in the UK by 30 June 2021 at the latest

  • Remember it is illegal to employ EU citizens after 30 June 2021 if they are unable to provide evidence of their settled or pre-settled status. Review in good time before the 30 June 2021.

  • Please contact us to gain professional advice in the event evidence is not provided and we can advise on terminating an employee’s employment in these circumstances.


New employees hired BEFORE 31 December 2020

  • They will need to apply for the EU Settlement Scheme. Ensure this is covered in the recruitment process.

  • Employees who don’t provide evidence of settled or pre-settled status by 30 June 2021 will need to have their employment terminated.


New employees hired AFTER 01 January 2021

  • Those who came to the UK prior to 31 December 2020, will need to provide proof of their presence in the UK pre 30 December 2020, If they can’t provide evidence of settled or pre-settled status by 30 June 2021 consider terminating the employment.

  • To recruit an individual who came to the UK after 01 January 2021, the employer will need to be a sponsor, the role will need to meet sponsorship requirements and the individual will need a relevant visa.


Becoming a sponsor


To employ someone from overseas after January 2021 employers will need a sponsor licence. The application is completed online here, and most applications will be dealt with within 8 weeks. The licence will be valid for 4 years.


ACT NOW


Review your recruitment and HR practices in good time and before the 30 June 2021.

  1. Review the workforce and identify EU nationals

  2. Review recruitment needs for 2021 and beyond, apply for a sponsor licence if looking to recruit from outside the UK

  3. Audit HR and Recruitment practices

Please contact us to gain professional advice in the event evidence is not provided and we can advise on terminating an employee’s employment in these circumstances.


Call 01722 325833 or email hr@hjssolutions.co.uk.


For more information check out our blog: "New Immigration System - What you need to know."

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