Somewhat ironically, the EU Settlement Scheme, first announced in June 2018 and operational from 30 March 2019, has remained just that, albeit with some changes. EU citizens resident in the UK before the date the UK leaves the EU (Brexit Date) wishing to remain in the UK indefinitely after Brexit, must apply for settled or pre-settled status.
These applications, if there is no deal, should be made by 31 December 2020. If there is a deal, it is thought that this date will extend to 30 June 2021 and EU citizens who are resident in the UK by 31 December 2020 (rather than the earlier Brexit Date) will be able to apply. Pre-settled status applies to EU citizens with less than five years residency in the UK. Once residency goes over five years, individuals can apply to have their residency upgraded to settled status. Settled status confers on the individual’s right to permanent residence in the UK.
With this new system, a key question is what checks will be required by employers going forward when employing EU nationals. Currently, EU nationals must produce either a passport or national identity card to demonstrate their right to work, which will remain the same until 31 December 2020 (if the UK leaves without a deal). After that date, employers will need to check the settled/pre-settled status of potential workers/employees by checking their online immigration profile before employment. In a no-deal scenario, EU workers who arrive after Brexit Day have two choices; they can remain in the UK until 31 December 2020 and then apply under whatever immigration rules are in place by then. If they apply for European Temporary Leave to Remain (ETLR), they will be given 36 months to remain in the UK from the date their application is granted. Workers can make this application once they arrive in the UK, and their 36 months will most likely count towards any settlement required under a new immigration system.
If Brexit is the new dawn, then it is a brighter one for settled workers and employees. The Settlement Scheme is in place and offers some certainty for workers and employers alike. There are, however, still some dark clouds of uncertainty; no information regarding the new immigration rules has been published as yet, and workers who have not acquired settled/pre-settled status or ETLR will not be legally permitted to remain in the UK from 1 January 2021 in the event of no-deal.
Please contact Katherine Sinclair.
It has been another difficult few weeks for many of us, especially those who find themselves under tier 3 restrictions.
We have submitted our response to the White Paper Consultation based on the discussion held at the “Planning for the Future - what does this mean for affordable housing” webinar we held on Fri 9 Oct
Anthony Collins Solicitors is pleased to have been ranked as a Band 1 firm once again.
Since March 2020, commercial property owners and occupiers across many sectors, whether housing associations, charities, care providers or local authorities, have been impacted by the rules regulating how they deal with their tenants and their landlords. It seems each week there is a change in policy, regulation or legislation, governing how they must respond.
On 18 September 2020, the High Court gave its decision regarding the Judicial Review of Simply Learning Tutor Agency Ltd & Others v Secretary of State for Business.
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The parliamentary processes are complete and the Restriction of Public Exit Payments Regulations 2020 (“the Regulations”) which cap exit payments in the public sector at £95,000 will be in force from 4 November.
As the UK’s social housing sector recovers from the initial Covid-19 outbreak and lockdown, now is the time to focus on the challenges that may emerge next.
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