Immigration: Post-Brexit – status of EU workers in the UK

Home Office Statement of Intent

In June 2018, the Home Office published a statement of intent (available here) about how EU citizens and their families can apply for ‘settled status’ in the UK under the new EU Settlement Scheme.

EU citizens or a non-EU family member of an EU citizen who have been resident in the UK for five years or more by 31 December 2020 will be eligible for settled status. Those considered to be a serious or persistent criminal or a threat to national security will not be eligible.

It is proposed that an application will cost £65 and £32.50 for a child under 16.

For those who already have valid permanent residence or indefinite leave to remain documentation, they will be able to exchange it for settled status for free. Those who have been resident for less than five years by 31 December 2020 are eligible for pre-settled status and are able to apply for settled status once they reach the five year point (this second application being free of charge).

Home Office Toolkit

The Home Office has published an employer toolkit (available here) providing the necessary information and guidance to support EU citizens and their families on the EU settlement scheme.

The toolkit contains leaflets, posters and a briefing pack to support UK employers to communicate ‘clear and consistent messages’ about the scheme.

The Home Office advises that the toolkit be shared with leadership teams, HR and line managers of EU citizen employees, as well as EU citizen employees.

Government White Paper

The Government has published a White Paper on the future UK-EU relationship, available here. The White Paper includes proposals for the UK to maintain current employment laws and workers’ rights and for the UK and the EU to commit to the non-regression of employment law standards.