Free movement between the UK and EU countries ended on 31st December 2021. This affects UK employers’ ability to recruit and employ Workers from outside the UK (and Eire) and you need to be aware of how these new rules will affect your employment practices. Failure to comply with immigration rules can lead to civil penalties and/or criminal sanctions and fines of up to £20,000 so should be taken very seriously.
The new rules for EU Nationals
If you employ non-UK/Irish nationals (Irish nationals are exempt) they must have applied for settled (have already been resident in the UK for at least 5 years) or pre-settled (resident in the UK for less than 5 years on or before 31st December 2020) status by 30th June 2021; they may already have done so and been granted the appropriate status, this means they are able to continue to live and work in the UK after 1st July 2021.
You may wish to remind your team members that this requirement also applies to EU families as well as workers and employees.
From 1st July 2021 you must obtain, as part of your right to work in the UK checks, proof that non-UK/Irish citizens have at least applied for, or hopefully been granted, settled or pre-settled status; you cannot ask for this proof before 1st July 2021 as the current eligibility criteria/proof continue until then (although your employee may choose to supply it to you sooner).
Once an application has been made the employee will receive a digital certificate of application which they can supply to you. Once a decision has been made, they will receive an email with an approval letter attached, they will then be able to view their status and send proof of it to you through their online profile; this is what you will need to prove that you have confirmed their eligibility to work in the UK.
You can check on pending status applications here:
The application process is very straightforward and can be completed on a smart phone or tablet.
We have updated the letter we drafted back in April 2020, for you to send to ALL (making assumptions can lead to a risk of a discrimination claim!) of your employees, so if you haven’t already done so we suggest you do this in the very near future. You can access this draft by signing up for our Advice Line service.
The new Point-based Immigration System
Back in April 2020 we updated you that the Home Office had issued The UK’s points-based immigration system: an introduction for employers. It contains guidance on the proposed points-based immigration system, which assigns points for specific skills, qualifications, salaries and shortage occupations. Visas are then awarded to those who gain enough points but it is now increasingly challenging for low skilled workers to gain permission to enter and work in the UK.
Full details can be found at https://www.gov.uk/government/publications/uk-points-based-immigration-system-employer-information
In the guidance the Home Office says:
Employers not currently approved by the Home Office to be a sponsor should consider applying now if they think they will want to sponsor skilled migrants, including from the EU, from early 2021. https://www.gov.uk/uk-visa-sponsorship-employers
You need to apply to be a sponsor if you want to recruit workers from outside the resident labour market from 1 January 2021.
The standard processing time for an application is usually 8 weeks and will start when the Home Office receives your application.
You do not need to be a sponsor to employ someone from the resident labour market with an existing right to work in the UK. This includes EU citizens with settled or pre-settled status, and non-EU citizens with indefinite leave to remain in the UK.
For advice on Visa and Immigration issues enlightenHR partners with Permits2Work (www. https://permits2work.co.uk or email mpassmore@permits2work.com) and can highly recommend Matthew and his team for any queries you have or any support you may require as they have supported a number of our clients over the years.
COVID-19 and the restrictions associated with it may affect an employees’ ability to provide certain eligibility documentation e.g. if an embassy is closed due to COVID-19. In such cases, other documentation may be acceptable but always check first.
Our Support and Advice
Please do talk to us if we can help in any way, we are here to support you.
Guidance and support
We are constantly updating and adding to our Client Dropbox. Support for your business is available by signing up for our Advice Line services.
Please note, this briefing is accurate at the time of writing and intended as guidance, it is subject to change as Government advice changes; it is not intended to replace advice so please do call us if you have any queries.
