Aside from the Covid-19 issue, there are rising worries that many European citizens are unclear of what they need to do to continue working in the UK, such as apply for settled status.
The New York Times released statistics on this. earlier this month, Joint Council for the Welfare of Immigrants, one in every seven EU care workers is in danger of losing their immigration status due to regulatory changes. This reveals a concerning lack of knowledge among EU workers about acting quickly to protect their employment status.
If your European workers do not get settled status (or pre-settled status) by the deadline, they risk losing their ability to stay in the United Kingdom. That might be a huge setback for your company.
It is vital that you, as an employer, take the following steps. understand your position on the new immigration regulations and help your staff carry out their responsibilities.
What should European workers know about obtaining the proper status?
Many EU, EEA, and Swiss citizens are unaware that they must apply for settled status, with others supposing that they do not need to use it since they have a permanent residency card. That is not the case.
If you have staff from the EU, EEA, or Switzerland, or Swiss nationals, nationals and do not currently have ‘indefinite permission to remain,’ they must apply to the EU Settlement Scheme if they want to remain in the UK for a lengthy period of time length of time of time June 30, 2021.
They will be accepted if their application is approved. given the option of being settled or pre-settled (more on this here). They may lose their right to remain in the country. UK beyond the 30 June 2021 deadline if they do not get established status (or pre-settled status).
While the person must register for the EU Settlement Scheme, as an employer, you should try to help them as much as possible – and right now, knowledge is critical:
When will they be able to apply?
Now. The application date is June 20, 2021, and they must have been residing in the United Kingdom by December 31, 2020.
How much does it set you back?
It’s completely free.
Who is required to apply?
Unless there are a few exceptions, your staff will be required to apply if:
They are citizens of the European Union, the European Economic Area, or Switzerland.
They are neither EU, EEA, or Swiss citizens, but a member of their family is (or is an eligible person of Northern Ireland)
Who doesn’t need to fill out an application?
Employees who are EU, EEA, or Swiss citizens do not need to apply if they have:
Permission to visit the UK indefinitely
Permission to stay in the UK indefinitely (usually shown as a stamp in their passport or a letter from the home office)
Irish citizenship (including ‘dual citizenship’ with the United Kingdom)
So, how do they work?
Online applications are available. They may use any device to apply, such as a PC, Android smartphone, or iPhone.
They will require evidence of the following as part of the application process:
Their true identity is unknown.
Their stay in the United Kingdom
What should I do as an employer regarding the new immigration regulations?
Dos
Raise awareness of the EU Settlement Scheme among your employees (gov. UK has information sheets and posters) and urge them to apply if they haven’t already.
Audit your personnel to determine nationality (and that of your supply chain) and guarantee that all employees have Right to Work documentation. Until June 30, 2021, the present right-to-work checks (e.g., passport and national identification card) will be in effect.
Continue to hire qualified individuals from outside the United Kingdom. To do so, you must have first applied for a Sponsor Licence.
Employ Irish people in any capacity (skilled or unskilled) without the requirement for additional visas or paperwork.
After January 1, 2021, ask all recruits about their immigration status or the date of their arrival in the UK, taking care not to discriminate in any manner, such as based on race, ethnicity, or nationality.
Develop a procedure for assessing the status of EU workers beyond June 30, 2021.
From January 1, 2021, if you are recruiting from outside the UK (including EU residents), you must follow the new immigration laws.
Don’ts
Demand to see documentation of their Settlement Scheme application. Employees are not required to notify you as their employer whether they have applied for the settlement program or the result of their application. On the other hand, employers are not obligated to verify that an employee has used.
On the other hand, employers have nothing to lose by informing employees about the settlement application procedure and encouraging them to apply. You can’t expect your employees to provide proof that they’ve used.
Discriminate against citizens of the European Union. This was already highlighted, but current Home Office policy also states: “You have an obligation not to discriminate against EU, EEA, or Swiss nationals.” You won’t be able to demand that they reveal you their EU Settlement Scheme status until after June 30, 2021.”
What you should be aware of points-based immigration system
The free movement stopped on January 1, 2021, and the UK implemented a points-based immigration system. This applies to both EU and non-EU people. Except for Irish nationals, anybody you intend to recruit from outside the UK will need to apply for authorization ahead of time (excluding EU citizens in the UK on December 31, 2020).
The government explains its new strategy and attitude toward low-skilled and temporary jobs as follows:
“The points-based system in the United Kingdom is designed to accommodate the most highly trained employees, skilled workers, students, and a variety of additional specialty job routes, including routes for global leaders and innovators.”
A broad low-skilled or temporary labor path will not be implemented. We need to reorient our economy’s emphasis away from dependence on low-cost European labor and toward investments in technology and automation.
Initiatives for scientists, graduates, NHS staff, and those in the agricultural sector are also being developed, which will provide firms more flexibility in the near term.”
Anyone traveling to the UK for employment must fulfill specific standards for getting points under a points-based immigration system. Those who get enough points are subsequently granted visas. To apply for jobs in the UK, you must have a total of 70 points.
Have you considered your British employees working remotely in another country?
More issues may occur due to Covid-19 pushing some workers to relocate to hotter climes to ‘work from abroad’ or perhaps live overseas permanently.
Most businesses haven’t realized that permitting staff to ’emigrate’ to sunny places like Spain or Cyprus is difficult, even if just temporarily. It’s problematic in part because this issue involves both the UK and local employment law and company law in the nation where your employee works and personal taxes, with the possibility of an employee being taxed twice.
The dangers and problems may vary depending on the employee’s nation’s wishes to move. Still, employers must be wary of creating a legal labyrinth for themselves by failing to comprehend the possible intricacies.
Immigration and employment abroad have always been problematic areas of employment law to negotiate, even in the best of circumstances. There is, however, guidance, training, and resources available to assist you in navigating these uncharted waters.
An essential lesson is to educate yourself as an employer, recognize when an alarm bell should be sounding in your brain, and act quickly before you lose your key employees.