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EUK BREXIT UPDATE
October 2019
Pat Saini – Head of Immigration
@Pat_Saini
BREXIT – HOW DO WE FEEL ABOUT IT –
FRUSTRATION
BREXIT – HOW DO WE FEEL ABOUT IT –
LEFT PONDERING
BREXIT – HOW DO WE FEEL ABOUT IT –
JUST DON’T KNOW ANYMORE!
Immigration Brexit update
EU settlement scheme
Proposed post-Brexit immigration system
Planning
European health Insurance cards
Teaching qualifications
GDPR
Content
Brexit – where are we now – 21 October
2019
Brexit – where are we now – 25 October
2019
Brexit – where are we now – 31 October
2019
Freedom of
movement ‘as we
know it’ is set to end
Rights of EU citizens
already in the UK
have been
guaranteed by the UK
Gvt.
Post-Brexit – EU
nationals’ status
depends on deal/no
deal
Immigration Brexit update – Current Gvt
DEAL NO-DEAL
• Resident by 31 December
2020
• Deadline to apply under the
EUSS – 30 June 2021
• Family members can join if
the relationship existed before
31 December 2020
• New Immigration system from
1 January 2021
• Resident by ‘Exit Date’
• Deadline to apply under
EUSS - 31 Dec 2020
• Family members can join if
relationship existed by
‘Exit Date’
• Apply for Euro TLR by
31 December 2020
• New Immigration system from
1 January 2021
Deal vs No Deal – as of 31 October 2019
End Freedom of Movement
Boris Johnson
– introduce an Australian Style Points Based
System – being consulted on
Theresa May
– Immigration White Paper
Immigration – Conservative Government
Labour passed a motion at its party conference to:
extend free movement
rule out certain forms of immigration systems
retain immigration controls
Immigration – Labour
Revoke Article 50 to stop Brexit
Immigration - Liberal Democrats
EU SETTLEMENT
SCHEME - EUSS
What is it?
Application system designed by UK government to give EEA
nationals and their family members residence in the UK and
status under UK law
Why was it introduced?
Because freedom of movement will end post Brexit and EEA
nationals will need something to demonstrate residence in the
UK
Who qualifies?
EEA/Swiss nationals and their family members resident in the
UK
Permanent residence card holders need to apply
EUSS
Do not need to, but can apply if
Irish national
Hold Indefinite leave to remain/enter
No fee
ID Document check app now available on
iphone
When do applications need to be made
by?
30 June 2021 – if there is a deal OR
31 December 2020 – if there is no-deal
EUSS (cont.)
Two types of EU nationals
– less than five years – pre-settled status
– five years - settled status
EUSS - (cont.)
Preliminary decision
considered for pre-settled or settled status
pre-settled - option to upload documents for settled status
Final decision
Within 5 working days for most applications
email with status reference number and link to online
profile plus PDF letter
non-EU nationals – issued with a BRP if don’t already have
one
Holders of settled status can be absent from the UK for
up to 5 years (4 years for Swiss nationals) without losing
status
Decision
EUROPEAN TEMPORARY
LEAVE TO REMAIN –
EURO TLR
Arriving between 1 November 2019 and 31
December 2020
No changes to border crossing arrangements –
enter with EU passport or national ID
Apply for Euro Temporary Leave to Remain –
granted for 36 months
Clarification is being sought as to whether ID
cards will be phased out during 2020.
No deal – immigration arrangements for
EU citizens arriving after Brexit – as at 31
October 2019
Need to apply under Euro TLR scheme by 31 Dec
2020 – if not, leave the UK or apply under the new
immigration system
No further information on the application process
No fee
Period will count towards settlement
EURO TLR
UK NATIONALS
TRAVELLING TO THE EU
Deal - no changes to travel until 31 December 2020
Reciprocal arrangements
No Deal – rules for travelling and working in EU will
change
No visa required for short business stays in Schengen
area (90 days in any 180 day period)
Visa required for stay longer than 90 days
Entry does not allow you to work or study
Check immigration rules for specific country re work permit
EU travel – British nationals
PROPOSED POST-BREXIT
IMMIGRATION SYSTEM
Irish nationals: no change
Employers will need to check a job applicant’s right
to work in the same way as now until 1 January
2021
An employer cannot require an employee to show
them their status under the EU Settlement Scheme
or European temporary leave to remain until
1 January 2021
Employers have a duty not to discriminate against
EU, EEA or Swiss citizens
Staff
Irish nationals – no change
From 1 January 2021, all EU and Non-EU nationals
students, who do not otherwise have the right to
study will need to be sponsored under Tier 4
EEA students coming to the UK for short term study
will be able to come on the same basis as other
non-visa nationals
Students
Recruiting EU nationals post Brexit - no deal
Key Date Right to work
Up to ‘Exit Date’ EU passport / ID Card
From 'Exit Date’ and 31 Dec 2020 EU passport / ID card
From 1 Jan 2021 Status under EU Settlement Scheme for those resident by ‘Exit Date’
EURO TLR for those who entered post ‘Exit Date’ this will be valid for 3 years and can count towards settlement. Application by 31 Dec 2020
Visa under new immigration system for those who entered post ‘Exit Date’ and wish to stay beyond 31 Dec 2020
Recruiting EU nationals post Brexit - deal
Key Date Right to work
Up to 31 December 2020 EU passport / ID Card
From 1 January 2021 Status under EU Settlement Scheme for those who were resident by 31 December 2020 – Application deadline 30 June 2021
Visa under new immigration system for those who enter the UK from 1 January 2021
Australian Style Points Based System:
– Applicants ranked for jobs based on education; age;
language; work experience
– Government considers sector needs and determines
who should be admitted
– No job offer needed but this can be used to prioritise
applications
Boris’ post Brexit immigration plan
– Plans to give extra points to those who decide
to live and work up North
Announcements already made;
– Graduate Visa – announced
– Global Talent visa – announced
Boris’ post Brexit immigration plan –
(cont.)
EEA workers should come under Tier 2 - proposals
include:
– simplify Tier 2 sponsorship
– abolish the annual quota
– abolish RLMT (advertising)
– lower the skill level from RQF 6 to RQF 3
– minimum salary threshold - £30,000 PA under review
Theresa May’s White Paper proposals
Short term worker route
– 12 months work at any skills level, no sponsorship
– cannot switch or bring dependants
Youth Mobility Scheme (18-30yr olds) for EEA nationals
– reciprocal agreement
– allow self-employment
Theresa May’s White paper proposals
(cont.)
PLANNING
Sign up to email alerts https://www.gov.uk/search/news-
and-communications/email-signup
Provide information to staff and students
Keep in contact with your member organisations
Speak to each other
Due diligence
– know who your staff and students are
– will your staff and students need to apply under the EUSS?
– Who will need to apply under Euro TLR (if applicable)
Action points
Consider when the next intake of students is
– marketing strategy
– contingency plans
Does the school need a Tier 2 and/or 4 licence?
Action points (cont.)
EUROPEAN HEALTH
INSURANCE CARDS
EHICs issued by an EU country, Norway, Iceland,
Liechtenstein or Switzerland, will still be valid until the
day the UK leaves the EU.
After Brexit will depend on agreements with individual
countries.
Students will be allowed to continue to use EHIC to
access free healthcare if they started their course before
the exit date and will continue to apply until the end of
the course
Students should ensure that they have adequate medical
cover
European Health Insurance Cards - EHIC
Teachers with EU, EEA or Swiss teaching qualifications
that have qualified teacher status (QTS) will continue to
hold QTS.
In the event of no deal, teachers who have applied for
QTS before the exit date will be able to continue with
their application under the previous system as far as
possible.
A new system will apply after Brexit.
European teaching qualifications after
Brexit
Not going anywhere - ‘EU GDPR’ will become
UK law on exit, and become the ‘UK GDPR’
EU GDPR restricts transfers of personal data
from the EU to third countries. On exit, the UK
will become a third country, until further notice.
GDPR
EU to UK data transfers;
– Contractual changes will need to be made
– ICO website has standard clauses
UK to EU data transfers;
– the UK Government has said it does not intend to
impose additional requirements on transfers from the
UK into the EEA (which includes the EU)
GDPR (Cont.)
And finally
Pat Saini, Partner, Head of Immigration
t: 020 7457 3117
Questions?
