Settled Status - Don't overlook this for your EU workers
Settled Status for EU Workers
After a momentary panic in August, when the new Home Secretary announced that leave to remain in the UK would end on 1 November if there was no Brexit deal, we understand that the right to remain has not changed and EU workers will still have up to December 2020 to apply for settled status. It is surprising how many EU workers have not done this yet because, from feedback we have received, they do not feel that it has been necessary. Employers are urged to encourage EU staff to apply early and not let the issue get overlooked. There is no fee to apply and a mobile app has been introduced which makes it much easier to do. The mobile app is 'EU Exit ID Document Check' and you will need an ID card or passport. A face scan will need to be taken which can be done on the app and you will need your NI number and home address. There are also some questions that will need to be answered. Feedback from those who have aplied via the app is that it is easy and straightforward to use.
We would not advise any of our clients to give immigration advice, but if you have EU workers that you wish to retain, you may want to make sure that they are aware of the option to apply for settled status and point them in the right direction.
Settled status is equivalent to permanent residency. It will give qualifying EU workers the right to live, work and study in the UK. The EU citizen must be living in the UK on 31 October 2019 to apply. They must have lived here continuously for five years at that date to apply for settled status. Those that have been here for less than five years can apply for 'pre-settled status'.
Each member of the family needs to apply for settled status, including spouses of British citizens. Children born in the UK will automatically have British citizenship. After obtaining settled status, you need to maintain it by remaining resident in the UK for a period of five years after that. If you are not resident within that time your settled status will lapse. If you are planning to send EU citizens abroad on overseas long-term secondments once they have obtained settled status, you will need to be aware of this five year rule.
If you would like assistance with signposting your EU employees in the right direction, we will be happy to help.