As we have previously written about here, it is going to be necessary for EEA nationals to make an application for settled status to continue to remain and work in the UK after the transition period which ends 31 December 2020.
Those EEA nationals who qualify to apply in Phase 2 must do so by 21st December 2018.
Who can apply?
- You are an EU national with a valid passport; or
- You are a non-EU family member of an EU national and you have a biometric residence card; and
- You or your family member are employed in an occupation or are part of a group which has been announced in Phase 2.
What occupations and groups fall within Phase 2
From 15 November 2018 those employed at a higher education institution which is on the Tier 4 Register of Licensed Sponsors will be able to apply. Also included are looked after children in participating local authorities and EEA nationals receiving support from specified community organisations.
From 29 November 2018 those employed in the health sector which has been defined broadly under the pilot and includes amongst others, those who are registered with the General Optical Council and the General Pharmaceutical Council.
For a complete list of all the Applicants who will be able to make an application please click here
Right to Work Checks
After the transition period, an employer will no longer be able to rely on right to work documents that they have currently checked and retained for EU colleagues.
If an Applicant is granted settled status or pre-settled status, they will be issued with a new form of ‘digital’ status. Therefore, we advise:
- Retain a copy of the new digital status once received by the colleague confirming their settled or pre-settled status; or
- If the application has not been decided prior to the end of the transition period (31 December 2020) then obtain confirmation of the application having been submitted on-line and obtain a copy of the digital status once received; and
- If the colleague is given pre-settled status this may be time-limited (to be confirmed) to allow for a subsequent application for settled status. Therefore, you must carry out follow-up checks and retain a copy of the new digital status document.
What Steps to take NOW
- Assess which of your colleagues qualify to apply when Phase 2 opens and encourage them to do so; and
- Set-up a process to ensure that colleagues move forward with their application as and when it is opened to them; and
- Set-up a process that allows you to update your right to work documents as and when received by colleagues.
How Paragon Law Can
Paragon Law has a dedicated Brexit Group which has been advising businesses, universities and individuals since the outcome of the Brexit referendum. We have supported organisations in the following ways:
- Workshops supporting EU colleagues and HR staff – Subjects covered include the criteria for applying, the application process, and what documents or other evidence will be needed to make an application; and
- Surgeries – we guide EU colleagues through the digital application process, deal with complicated applications or advise on alternative immigration routes which may be better suited.
“The sessions provided by Paragon Law were well attended and covered the key issues of interest to staff, in an accessible and easy to understand way. The sessions generated lots of questions from staff concerned about their own circumstances and these were handled confidently and sensitively. The firm was selected because of their specific expertise in immigration law and this expert knowledge came across during the sessions. We were happy to allow Paragon Law access to our staff to deliver these sessions and would be happy to use them again in the future. They have since also provided some follow up FAQs for staff on the current Brexit position which we have published on our staff intranet.”
Rebecca Gott, HR Policy and Strategy Manager, De Montfort University
If you would like to know further details of how Paragon Law can support your business or EU employees, please email firstname.lastname@example.org.