Employing EU Nationals: Pre- and Post-Brexit

The UK left the EU on 31 January 2020 and is currently in a transition period during which EU nationals can continue to reside and work in the UK. From 31 December 2020, when the transition period ends, the UK immigration rules change.

The following gives an overview of the changes before and after the transition period:

There remains a window of opportunity until 31 December 2020 to employ EU nationals who have not previously worked in the UK, without restriction and under existing EU Law. To qualify, these individuals must be residing in the UK and working for their UK employer by 31 December 2020.
These individuals must then apply for pre-settled status as soon as possible and no later than 30 June 2021. They can then work freely in the UK for five years. Proof of pre-settled or settled status should be retained by employers.
If a UK employer wishes to recruit EU nationals who have previously been living and working in the UK prior to 31 December 2020, they must check that such individuals hold pre-settled or settled status in the UK and keep evidence of this status on their personnel file.
EU nationals wishing to work in the UK for the first time after 1 January 2021 will need to qualify under the new immigration rules coming into effect on 1 January 2021. They will require sponsorship by a UK employer under a Sponsor Licence. Currently, the Home Office plans to reduce the minimum qualification level for sponsorship from RQF6 to RQF3 and to remove the requirement for a Resident Labour Test to have been carried out prior to the sponsorship application. There remains a risk that the Home Office will tighten the new rules if the rate of unemployment grows substantially as predicted.
UK employers who do not currently hold a Sponsors Licence will need to obtain one to employ EU nationals arriving in the UK after 1 January 2021.

The immigration team at Wallace LLP can provide full assistance to UK employers on all sponsorship issues. Please contact Graeme Kirk for further information.

The contents of this email are intended for general information only and do not constitute legal advice. Wallace LLP cannot accept responsibility for any loss arising from the use of the content in this email. This information was prepared on 7 July 2020.