Page 26 - BOSS Today Issue 43

BOSS Today #43 DOWN TO BUSINESS – LEGAL

SETTLING

DOWN

Brexit does not mean that UK employers will lose existing workers from other EU countries

any BOSS members will have be entitled to remain in the UK, with may be whether the Home Office
Memployees from other European the same access to work, education, has the back-office infrastructure to
countries who have lived and worked in benefits and public services that deal with the number of applications.
the UK for some time. Both employers they have currently. They will also be However, the Settlement Scheme is
and employees will have concerns entitled to bring close family members a step forward in providing certainty
about the rights of those workers - defined as spouses, civil partners and and stability for both employers
to remain in the UK after Brexit. durable partners, dependent children and employees, and Immigration
At the time of writing, it is still and grandchildren and dependent Minister Caroline Noakes has said
unclear whether the UK will be leaving parents and grandparents - into that the government will be “looking
the EU with or without a deal, but the the UK in future, provided that the to grant applications, not for
UK government has already rolled relationship existed on 31 December reasons to refuse them”.
out arrangements for EU nationals 2020 should the UK exit the EU with a
to apply for Settled Status. withdrawal agreement in place, or 29 for further information, please
The UK’s Settlement Scheme is March 2019 in the event of no deal. contact Nicola Langley, Head of
available to qualifying EU citizens The Settlement Scheme has been Legal & Commercial Solicitor at
who have been living legally and piloted with employees in the higher nicola.langley@bpif.org.uk
continuously in the UK for five years. education, health and social care
Those who have not yet met the five- sectors. It moved to a public test phase
year requirement are entitled to apply from 21 January 2019, and is due to be
for pre-settled status, which they will fully operational from 30 March 2019.
be able to convert to settled status once The UK government has stated that
they have been in the UK for five years. the application process is designed to
The scheme will be open to be simple and can be done online from
individuals who arrive in the UK a smartphone by downloading an app,
before 31 December 2020, should or in writing. It was originally planned
the UK leave the EU with a formal to charge a fee of £65 to make the
withdrawal agreement in place, or application, but this will be scrapped
before 29 March 2019 in the event of when the scheme is rolled out in full.
a no deal Brexit. Individuals will be Any early birds who have already paid
able to apply until 30 June 2021 under the fee will be able to claim a refund.
the withdrawal agreement, or until 31 As many as 3.8 million people are
December 2020 if there is no deal. expected to apply for the new Settled
EU citizens granted Settled Status will Status, and the concern for employers

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