16 October 2020

Looking beyond Brexit: Is your organisation ready?

Hosted by Fiona Cuming

Speakers

Fiona CumingHost

XpertHR

Louise HaycockPartner

Fragomen

Agenda

• Looking after your current population

• The current UK immigration system

• UK immigration from 2021

• Getting on the front foot

Brexit: Where are we now?

The United Kingdom left the European Union on 31 January 2020on the terms of the “Withdrawal Agreement” (deal).

Transition period until 31 December 2020. Free movement continues

during this time.

Free movement will end on 1 January 2021. A new immigration system will be implemented in the

UK

Current employees

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Context: 2020 will continue to be a very busy yearPriority #1 Support your current employees

31 January 2020 Brexit happened

From February 2020 –EU Member States release residency

guidance

Late 2020 approaching the end of UK free

movement31 December 2020 –Free movement ends

30 June 2021 –Deadlines for

residence/status applications

Speak to employees and make information availableEnsure leadership understand policy tasks and that recruiters etc know the rules

Remind employees of requirements, support

available and risk of non-compliance Repeat reminders if necessary,

adjusting tone as appropriate.

Track and monitor policy against your UK population in the EUGuide applications, providing direct support where sensiblePrepare individual strategies for cross border workers and commuters

Many countries have delayed announcements due to COVID-19. We expect to see more activity from Summer 2020.

Europeans in the UK

UK Citizens in Ireland and Irish Citizens in the UK are not affected,Whatever happens, as they will not require work or residence authorization. Their non-EEA family members however will need to make an application

The EU Settlement Scheme process

EU PASSPORT

> 5 years = Settled Status

Scan other evidence if residency is greater than tax record shows

< 5 years = Pre-Settled Status

Applications open until 30 June 2021

Applications can be made via an app on an Android phone, Apple iPhone 7 or above or a computer

EUSS benchmarking

Business travel will add complexity

Meetings Training Productive work

Preparing for a new immigration regime

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The current UK immigration system

Retention and recruitmentThe next UK immigration system

Key principles Key considerations

EU nationals here before 2021 can stay 30 June 2021 deadline for EU Settlement Scheme

A single new system for all migration A new simpler system for non-EU nationals

Irish nationals exempt An inherently more complicated system than free movement

Tier 2 General and ICT largely rolled over No low-skilled visa category

Some liberalisations Substantial costs

Limits on who can stay permanently

ICT may become redundant

UK Sponsor Licence – pre-application considerationsThe initial application for a UK sponsor licence can be a lengthy and involved process. There are a number of factors that can protract the process including document gathering, establishing compliance processes and identifying key

personnel to be listed on the licence.

Record keeping

You are required to retain certain documentation on file for sponsored migrants from the start of sponsorship.

If sponsorship ended before 24

November 2016 –must keep

documentation for at least a year or until you are

audited (whichever is

longer)

If sponsorship ended after 24

November 2016 –must keep

documentation for up to a year or until you are

audited (whichever is

shorter)

You should hold copies of:• Right to work checks.• Copy of current passport.• Record of date entered the UK (6/8/2019) - Evidence retained must be the

stamped entry clearance endorsement or boarding pass, or flight confirmation.

• Contract of Employment / Assignment Letter.• History of contact details - this includes residential address, landline and

mobile number.• Copy of the NI number.• Qualifications the employee may hold – if requested in RLMT/high earner

or required for role (Accountant/Legal).• Job description.• RLMT – Copies of advertisements, rejected candidates (application forms,

email, CV, cover letter), interview notes.• Copies of migrants’ payslips (or readily available).• Record of absences.

Reporting duties

Whilst a migrant is in the UK sponsored under the company’s sponsor licence, the company is required to comply with reporting duties

A report must be made to the Home Office within 10 working days if:

• The migrant does not arrive for their first day of work (on the CoS).

• The migrant’s employment finishes earlier than on the CoS.

• The migrant no longer requires sponsorship (resigns/changes immigration category).

• The migrant’s salary/job role changes (outside of the annual increments).

• The migrant’s work location changes.

• The migrant is AWOL for 10 consecutive working days.

• The migrant’s employment is affected by TUPE or similar provisions.

Workers with a job offer (“skilled worker”)

Intra-company transfers

GraduatesThe arrangements for graduates will need to be carefully considered when the detail of the policy is released.

On the face of it, there will be three main options for graduates.

Compare and contrast

Visa category Target workerSkill level

Typical entry salary Length of stay Likely lead in

timeGovernment fees Controls Changes from

Tier 2

Tier 2 General (“Skilled Worker”) Permanent hire RQF3 (A-Level)

£20,480, £23,040 or £25,600

Permanent Four to six weeks Very high

Real vacancyBase salary onlySkill levelILR salary

No advertNo limit on numbers

Tier 2 Intra-Company Transfer Assignee RQF Level 6

(Degree) £41,500Five years, or nine if paid £120,000

Four to six weeks Very high

Typically one year company experience

Switching to Skilled Work allowedNew cooling off period

Graduate Route New graduate Any National

minimum wage

Two years and can move to Skilled Worker

Four to six weeks Medium Graduated from

UK university N/A

Getting on the front foot

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Are you ready?

Message to the business

EU WORKERS: NON EU WORKERS:It will be slower and much more expensive to recruit skilled EU nationals

It will be quicker and easier to move skilled non-EU nationals, but more expensive

We may be prevented from recruiting low skilled EU nationals

There may be economies to the way we move existing employees

We can mitigate by bringing moves forward, but only to a point

We need a clear picture of our vulnerabilities by job, salary and location

How to prepare for a new immigration regime

An extra level to right to work

What’s the plan?

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Your fuller outline of a plan

13 July policy statement

Late summer/Early

Autumn2020

Autumn 2020: Rules

published?

Late 2020 New system rolled

out

Ongoing refinement

Collect and audit your dataBrief leadership and other stakeholders

Workforce impact assessmentUpdated communications

Map impact assessment against rulesHeadcount planning for 2021

Transition reporting, if appropriate

1 Jan 2021 – New system begins to

take effect

Education for recruiters and line managersAdjust mobility, right to work, onboarding and other policies

Any questions?

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Q&A

Fiona CumingHost

XpertHR

Louise HaycockPartner

Fragomen

Resources

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• Employment law manual: Employing foreign nationals• Policies and documents: Brexit: Letter reminding EEA

nationals to apply for settled or pre-settled status• Policies and documents: Brexit workforce audit• How to prepare for the end of the Brexit transition

period• XpertHR on-demand webinars