Brexit: where are we now?
With fewer than 50 weeks to go until the UK leaves the European Union, we present our summary of the Brexit situation so far, for businesses who have responsibilities towards their migrant population.
Please bear in mind, however, that the Withdrawal Agreement is still in its draft version, and will not be finalised until October. As the Prime Minister herself has said, ‘nothing is agreed until everything is agreed’…
Brexit date
29 March 2019
Transition period
March 30, 2019 to December 31, 2020.
Access to EU migrant workforce
Companies may employ EU nationals until the end of the transition period, ie December 31, 2020. After that date, any EU citizens wishing to remain in the UK must apply for a status document before June 30, 2021.
Family members of EU nationals whose relationship predates the end of the transition period will be able to join the EU national under EU law terms, which are less restrictive than current UK law.
A different status
EU citizens who want to remain in the UK after 31 December 2020 would be required to make an application to the Home Office for a status document. This is obligatory, even if they already hold a document certifying that they have acquired permanent residence.
Those with less than five years lawful residence will be given ‘temporary’ status to allow them to complete five years and become eligible for settled status.
Eligible EU nationals and their family members who have five years’ continuous lawful residence in the UK prior to 31 December 2020 will be able to apply for ‘settled status’.
If you already hold a Permanent Residence document you will be able to swap this for settled status, free of charge.
During the transition period
Under the terms of the Withdrawal Agreement, EU citizens and family members will be able to apply for a status document, up to a minimum of six months AFTER the end of the transition period. That is, until at least June 2021.
It is still unclear whether those arriving during transition will be subject to a compulsory registration, but it is likely.
Voluntary registration for a status document is due to launch later this year. It should be much more streamlined than the current system, with very few questions and the ability to scan a passport and upload a selfie. The Home Office approval is likely to be electronic rather than a physical document.
From 1 January 2021, only the following family members will be allowed to enter the UK under free movement rules, provided they have evidence that their family relationship with the EU national existed before 31 December 2020:
- spouse/civil partner
- durable partner in an duly attested relationship
- child under 21
- dependent child older than 21
- dependent direct relative in the ascending line
After the transition period… what we don’t know yet
It’s pretty much certain that any EU nationals arriving in the UK after December 31, 2020 will be subject to a new immigration system, but that is still to be confirmed.
How we can help you
Smith Stone Walters’ Immigration Service grants employers the knowledge and confidence to move forward in the face of Brexit.
We will also reassure your EEA workforce, giving your employees clarity in the face of uncertainty while letting them know that you are on their side. For more information, please click here.
