Government Reforms (3): BREXIT – Government Guidance

Brexit

The Home Office has published guidance on:

1. EU Settlement Scheme

The guidance (available here), provides information on the documents necessary to prove a person’s relationship to an EU citizen, submitting evidence of the EU citizen’s identity and nationality, as well as evidence of the EU citizen’s continuous residence in the UK.

The guidance explains that where an individual has:

  • valid permanent residence card confirming right of permanent residence in the UK, the individual will not need to provide evidence concerning his or her family relationship to an EU citizen under European Economic Area Regulations.
  • valid biometric residence card (BRC) as the family member of an EU citizen, which does not confirm the right of permanent residence in the UK, the BRC will be accepted as evidence of relationship to that person if issued because of that relationship, which is continuing.

However, an individual must provide other evidence of the family relationship to an EU citizen, resident in the UK if:

  • the BRC was not issued to prove family relationship to an EU citizen;
  • the BRC was issued to provide to prove the family relationship to an EU citizen, but individual is now relying on a family relationship with a different EU citizen; or
  • no BRC.

 

2. Right to work checks for EU, EEA and Swiss employees

The guidance (available here) provides information for employers on right to work checks and the immigration status of EU, EEA and Swiss citizens and their family members working in the UK after Brexit. The guidance states that employers should conduct these checks in the same way they do now until 1 January 2021.

The guidance contains information on:

  • right to work checks;
  • employing EU, EEA and Swiss citizens if the UK leaves the EU with a deal;
  • employing EU, EEA and Swiss citizens if the UK leaves the EU without a deal; and
  • immigration to the UK from 1 January 2021.