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

  1. Assess which of your colleagues qualify to apply when Phase 2 opens and encourage them to do so; and
  2. Set-up a process to ensure that colleagues move forward with their application as and when it is opened to them; and
  3. 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 corporate@paragonlaw.co.uk.

Below is the full list of those who are able to apply. This is a summary of the information contained within the immigration rules. If you wish to view the original rules please click here. Please note the first list relates to those who can apply from the 15th November 2018, and the second list is those that will be able to apply from the 29th November 2018. At present, this pilot is available until the 21st December 2018.

From 15th November 2018

(i) Higher Education

  • A person employed or engaged by a Higher Education Institution or Overseas Higher Education Institution on the Tier 4 Register of Licensed Sponsors

(ii) Looked-after Children

(A child being looked after (within the meaning of section 22(1) of the Children Act 1989) by, or a person who was such a child and is eligible for support or assistance under the Children Act 1989 (or under regulations made under that Act) from, one of the following local authorities:

  • Kent County Council;
  • Lincolnshire County Council;
  • London Borough of Haringey;
  • London Borough of Waltham Forest; or
  • Sheffield City Council;

(iii) Supported persons

A person receiving support from one of the following organisations:

  • Ashiana Sheffield, Knowle House, 4 Norfolk Park Road, Sheffield, S2 3QE;
  • Coram Children’s Legal Centre, Riverside Office Centre, Century House North, North Station Road, Colchester, CO1 1RE;
  • East European Resource Centre, Room 18-19, 238-246 King Street, London, W6 0RF;
  • Rights of Women, 52-54 Featherstone Street, London, EC1Y 8RT;
  • St Vincent Support Centre, Curtis Building, 4 Barking Avenue, Leeds, LS9 9LF;
  • The Cardinal Hume Centre, 3-7 Arneway Street, Horseferry Road, London, SW1P 2BG; or
  • The Roma Support Group, Alan Shelley House, 318 Barking Road, London, E13 8HL

From 29th November 2018

(i) A person employed or engaged by one of the following institutions or organisations:

 

  • An NHS Foundation Trust in England;
  • An NHS Trust in England;
  • Care Quality Commission;
  • Health Education England;
  • Health Research Authority;
  • Human Fertilisation and Embryology Authority;
  • Human Tissue Authority;
  • Medicines and Healthcare Products Regulatory Agency;
  • National Institute for Health and Care Excellence;
  • NHS Blood and Transplant;
  • NHS Business Services Authority;
  • NHS Counter Fraud Authority;
  • NHS Digital (the Health and Social Care Information Centre);
  • NHS England (the NHS Commissioning Board);
  • NHS Improvement (Monitor and the NHS Trust Development Authority);
  • NHS Resolution (the NHS Litigation Authority); or
  • Public Health England.

(ii) A person employed or engaged by one of the following institutions or organisations:

 

  • A Local Health Board in Wales;
  • Health Education & Improvement Wales;
  • Public Health Wales;
  • The Welsh Ambulance Service; or
  • Velindre NHS Trust.

(iii) A person employed or engaged by one of the following institutions or organisations:

  • A Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978;
  • Common Services Agency for the Scottish Health Service (established under section 10 of that Act
  • Healthcare Improvement Scotland (established by section 10 of that Act);
  • Social Care and Social Work Improvement Scotland (known as the Care Inspectorate) established under section 44 of the Public Services (Reform) (Scotland) Act 2010; or
  • Scottish Social Services Council established under section 43 of the Regulation of Care (Scotland) Act 2001.

(iv) A person employed or engaged by one of the following institutions or organisations:

  • A Health and Social Care Trust in Northern Ireland;
  • Northern Ireland Blood Transfusion Service;
  • Northern Ireland Guardian Ad Litem Agency;
  • Northern Ireland Medical and Dental Training Agency;
  • Northern Ireland Practice and Education Committee;
  • Northern Ireland Social Care Council; Patient and Client Council;
  • Regional Agency for Public Health and Social Well-being (the Public Health Agency);
  • Regional Business Services Organisation;
  • Regional Health and Social Care Board; or Regulation and Quality Improvement Authority.

(v) A person who is employed:

  • To provide, or to support the provision of, regulated activities as prescribed in Schedule 1 (read with Schedule 2) to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (S.I. 2014/2936), and who is also employed or engaged by an institution or organisation registered with the Care Quality Commission; or
  • For the purposes of an establishment or agency in Wales regulated under Part 2 of the Care Standards Act 2000; or
  • For the purposes of a service regulated under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

(vi) A person who is employed or engaged by a party to:

  • A general medical services contract to provide primary medical services, or an agreement for the provision of primary medical services under section 50 of the NHS (Wales) Act 2006; or
  • A general dental services contract to provide primary dental services, or an agreement for the provision of primary dental services under section 64 of the NHS (Wales) Act 2006.

(vii) A person who:

  • Is providing care services as defined in section 47(1) of the Public Services Reform (Scotland) Act 2010 and registered under that Act; or
  • Is employed or engaged by an organisation registered with Social Care and Social Work Improvement Scotland; or
  • Is, or who is employed or engaged in connection with the provision of services under the National Health Service (Scotland) Act 1978 by, a party (other than a Health Board) to: –
    • an arrangement to provide services under section 2C of that Act; –
    • an agreement to provide services under section 17C of that Act; –
    • a contract to provide services under section 17J of that Act; or –
    • an arrangement to provide services under section 25, 26 or 27 of that Act.

(viii) A person who is employed or engaged by a General Practitioner Federation or by any entity with which the Northern Ireland Regional Health and Social Care Board has a contract or an arrangement under the Health and Personal Social Services (Northern Ireland) Order 1972 to provide Family Practitioner Services.

(ix) A person who is employed or engaged by a body registered with, or monitored or inspected by, the Regulation and Quality Improvement Authority, and who, if that body were in England and they were employed or engaged by it, would meet the criteria set out in (v) bullet point 1, above.

(x) A person employed or engaged by, or registered with, one of the following organisations:

  • General Chiropractic Council;
  • General Dental Council;
  • General Medical Council;
  • General Optical Council;
  • General Osteopathic Council;
  • General Pharmaceutical Council;
  • Health and Care Professions Council;
  • Northern Ireland Social Care Council;
  • Nursing and Midwifery Council;
  • Pharmaceutical Society of Northern Ireland;
  • Scottish Social Services Council (under the Regulation of Care (Scotland) Act 2001)