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Have you considered the following?

EU-UK business mobility and recognition of qualifications

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Context

In the event that the UK leaves the EU with a deal, the UK’s new immigration regime is expected to operate from 2021. The British Chambers of Commerce is advising the Home Office on this, using feedback from across the UK Chamber Network.

If the UK leaves the EU without a deal:

Business travel

  • EU/EEA/Swiss citizens will still be able to enter the UK for up to 3 months at a time, to work, visit or study, without requiring a visa. European Temporary Leave to Remain is available for those wishing to stay beyond 3 months.
  • The European Commission has proposed granting UK citizens visa-free travel in the EU/EEA & Switzerland for business meetings, training, sports/cultural events and short-term study for up to 90 days in any 180 day period.

Recognition of professional qualifications

  • Current system of reciprocal recognition of professional qualifications no longer applies
  • EEA & Swiss qualifications equivalent in scope, content, level will be recognised in UK
  • Recognition decisions received in the UK before exit will remain valid
  • Recognition decisions ongoing at exit will be decided under the rules in place prior exit as far as possible ❖Applications submitted after exit day will be subject to a new system


Your business should consider

What will be your skills and labour needs over the next few years?

Will you need to hire someone from outside the UK?

What steps will you need to take to hire them?

Could different arrangements (remote working) be feasible for your business?

Consider how your future travel to the EU for the servicing of contracts or other purposes may be affected.

Are you and your employees aware of changes to UK passport rules for travel to Europe in the event of a no deal? UK Government guidance on passport rules after Brexit: Passport rules for travel to Europe after Brexit.

Resources and information

Check the non-EEA visa requirements for the country you are visiting: www.gov.uk/foreign-travel-advice

If you transfer staff between businesses in your group, or run a graduate training scheme, restrictions may apply. Current non-EEA Intra Company Transfers fall under the UK’s Tier 2 sponsorship arrangements, with regulatory and record keeping requirements for employers: www.gov.uk/uk-visa-sponsorship-employers

The future skills-based immigration system white paper sets out the government's plans to introduce a new single immigration system, from January 2021, ending free movement. https://www.gov.uk/government/publications/the-uks-future-skills-based-immigration-system

FCO has issued EU Exit information for UK nationals living in or travelling to and from the EU if there’s no deal - includes work, education, recognition of professional qualifications etc, Important EU Exit Information for UK Nationals

FCO information on the rights and status of UK nationals living in the European Union, European Economic Area (EEA) and European Free Trade Area (EFTA), and Switzerland: Advice for British Nationals Travelling and Living in Europe

Information on travel modes and what you may need to do to travel to or in the EU and EEA after the UK leaves the EU. https://www.gov.uk/guidance/passenger-travel-to-the-eu-by-air-rail-or-sea-after-brexit

Staff may require a visa to undertake any work in the EU. Information on the rights of UK nationals travelling in the European Union, European Economic Area (EEA) and European Free Trade Area (EFTA), and Switzerland https://www.gov.uk/guidance/uk-nationals-travelling-to-eu-essential-information

Workforce and future skills needs

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Context

Under the Withdrawal Agreement, EU nationals and their family members who have lived in the UK for at least five years by 31 December 2020 will be able to apply for UK Settled Status. Those who have been here for less than 5 years, can apply for Pre-Settled status until they meet the full criteria. The EU Settlement Scheme opened fully on 30 March 2019, with 30 June 2021 the deadline for applications. Further ahead, there will be changes to the UK’s immigration regime. The British Chambers of Commerce is advising the Home Office on this, using feedback from across the UK Chamber Network.

If the UK leaves the EU without a deal, the government has announced arrangements for EU citizens arriving in the UK in the event that the UK leaves the EU without a deal and before the new skills-based immigration system is introduced in 2021.https://www.gov.uk/government/news/government-outlines-no-deal-arrangements-for-eu-citizens

EU citizens already in the UK or arriving before EU exit day

  • EU Citizens already resident in the UK by exit day can apply to the EU Settlement Scheme, albeit with the deadline for applications brought forward to 31 December 2020
  • EU Citizens with 5 years’ continuous residence in the UK upon application are eligible for settled status
  • Those with less than 5 years’ continuous residence in the UK will be eligible for pre-settled status
  • Irish citizens do not need to apply to the scheme to protect their rights in the UK, though they are able to do so if they wish to. Non-Irish, non-British family members of Irish citizens will need to apply to the EU Settlement Scheme if they want to stay in the UK after 31 December 2020.

EU citizens arriving in the UK after EU exit day

  • After exit day, newly arriving EU/EEA/Swiss citizens can visit, work, study for up to 3 months without a visa
  • EU/ EEA/Swiss citizens who want to stay in the UK beyond the initial 3 month visa free period, can apply for EU Temporary Leave to Remain from within the UK for up to 36 additional months
  • EU Temporary Leave to Remain is not extendable and will not guarantee a route to settlement in the UK
  • To stay beyond 36 months, need to apply and qualify under the new future immigration system in 2021
  • In both a deal or no deal scenario, employers should continue to conduct the same Right to Work checks they do currently using EU/EEA/Swiss citizens’ passport or national identity card, until 2021.

Your business should consider

What percentage of your UK workforce is from the EU27?

Do your staff know the next steps to take to register as an EU citizen working in the UK?

What can you do to help retain skills and labour?

Resources and information

The EU Settlement Scheme opened fully on 30 March 2019. Applications are free of charge. www.gov.uk/settled-status-eu-citizens-families

The Home Office has published an Employer Toolkit which covers the key details of the EU Settlement Scheme, information and materials with which to support affected staff and their families:
https://www.gov.uk/government/publications/eu-settlement-scheme-employer-toolkit

The toolkit includes:

  • Toolkit introduction – specific information for employers outlining how they can use the toolkit to help them communicate.
  • Briefing pack – provides key information about the EU Settlement Scheme and can be used for presentations, face-to-face events or webinars with EU citizens.
  • Leaflets, factsheets and application flowcharts – materials for EEA and Swiss citizens, focusing on eligibility requirements, how to apply and the support services available.
  • Posters – provide key information on timelines and why EU citizens need to apply.
  • Downloadable videos – to advertise the scheme on social media and other platforms. Click here to download (the link will be valid for seven days so please save the files).
  • Z-card handout – details about the Scheme in a handy format for European citizens.

Guidance is now available on GOV.UK in 23 official EU languages, as well as in Norwegian, Icelandic and Welsh. There are also other translated assets, which include:

  • EU Settlement Scheme campaign poster
  • Video about the Scheme and how to apply
  • One-page factsheet

HO guidance on the EU Settlement Scheme Assisted Digital service: EU Settlement Scheme Assisted Digital Service for applicants who don’t have the appropriate access, skills or confidence to complete the form. The locations where people can get a biometric ID document scanned if they do not have an Android device with near field communication (NFC) can be found here: EU Settlement Scheme: ID document scanner locations

UK Government has released a policy paper outlining the UK Government's action to protect the rights of UK nationals living in the EU https://www.gov.uk/government/publications/policy-paper-on-the-rights-of-uk-nationals-in-the-eu

Home Office have published guidance on organisations funded to provide support to vulnerable and at-risk EU citizens applying to the EU Settlement Scheme: EU Settlement Scheme: community support for vulnerable citizens