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No-deal Brexit: Immigration Update

10/10/2019

At a glance

The UK government’s recent report on No-deal Brexit planning sets out some interesting new changes for EU citizens seeking to live and work in the UK. Our Employment team have summarised those changes below.

EU citizens currently in the UK will continue to be able to work, study and access benefits and services including the NHS after 31 October. Those planning to stay in the UK still need to apply for pre-settled or settled status before 31 December 2020.

Those entering the UK after Brexit but before 31 December 2020 will continue to be able to work, study and access benefits and services. However to remain past 2020 they will need to apply for the new European Temporary Leave to Remain visa  (“Euro TLR”) which lasts for three years. This is promised to be via a simple and free application process.

For EU citizens planning to enter from 2021, the Home Secretary has commissioned the Migration Advisory Committee to consider an Australian-style points-based immigration system.

For EU citizens planning a visit to the UK at any time after Brexit it may be advisable to buy travel insurance. This is because it is not currently certain that measures to continue reciprocal healthcare arrangements until the end of 2020 will be in place with the EU or individual Member States. Guidance for visitors in 2021 and beyond was not included in the report.

For employers, up to 2021 there will not be any need to distinguish between EU citizens with settled status and those without or for those already entitled to be here and new arrivals. EU citizens can continue to evidence their right to work in the UK using their valid EU passport or national identity card. However, employers are encouraged to communicate with their current EU staff about the EU Settlement Scheme and urge them to apply. Employers can view the employer toolkit here and download communication materials to share with their EU citizen employees.

(This article was written by our Employment Trainee Sylvia Mueller.)

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