Who you gonna call?….Brexit-busters!
Emma Bagshaw
Consultant Senior Solicitor
The Firm
22 September 2016
Brexit-buster
• What have you heard in the news?
• Bust the myths and find the truths
• Or the half truths….!
We are no longer part of the EU!
UK remains in the EU…
• Remain part of the EU & EEA
• No change to recruitment of EEA + Swiss nationals
• UK visa system unchanged
BE FR NL FI DE IT AT EEIE CY PT LVEL LU SI LTES MT SK BGPL HR CZ ROHU SE DK UK
NorwayLiechtensteinIceland
Switzerland
EU
EEA
Bilateral Agreement
BE FR NL FI DE IT AT EEIE CY PT LVEL LU SI LTES MT SK BGPL HR CZ ROHU SE DK UK
NorwayLiechtensteinIceland
Switzerland
EU
EEA
Bilateral Agreement
Rest of the world
Who can work in the UK?
• British Citizens
• EEA nationals + Switzerland
• Family members x EEA nationals + Switzerland
• Visa nationals (points based system)
• Other visa routes (non points based system)
Tier Category
Tier 1 Entrepreneurs & Investors
Closed – Post Study Workers
Tier 2 Skilled migrants with a job offer
Tier 3 Low skilled workers
Tier 4 Students
Tier 5 Government Authorised ExchangeInternational Trade ContractsYouth Mobility Scheme
Standard Visitor Visa (Business) No employment but can attend meetings/audit/contacts/training
PO
INTS
BA
SED
SYS
TEM
We’ll be out of the EU by 2017
The Process
Vote LeavePre-
discussionsArticle 50
27 EU countries
discussNegotiations
Draft Deal to European
CouncilApproval Ratification Leave
The Process
Vote LeavePre-
discussionsArticle 50
27 EU countries
discussNegotiations
Draft Deal to European
CouncilApproval Ratification Leave
EU’s affect on British legislation
• Working Time Regulations
• Minimum paid leave
• Agency workers protection
• TUPE
• Maternity leave and pay
• Equal pay
• Anti-discrimination laws
• Data protection rights
What can you do?
• Keep a watching brief
• Look out for consultations
• Look at problem areas
• Sign up to my updates!
Post Brexit - We’ll have unrestricted access to recruit EU nationals
Migration
184,000 EU
Citizens
188,000 outside EU
39,000 outflow
Who chooses to work in the UK? (EU)
• Romania
• Poland
• Italy
• Spain
• Bulgaria
(National Insurance cards issued to foreign workers ending March 2016)
Who chooses to work in the UK? (non-EU)
• China
• India
• United States
• Australia
• Pakistan
(entry visas issued to non-EU nationals in year ending March 2016)
Options
• Stay in EU
• Stay in EEA
• Arrangement with EU / individual countries
What does this mean post Brexit?
1. The UK Government need to find a way to fill the gaps without hurting the economy
2. Free trade comes with free movement of people3. Immigration control a top priority
Post Brexit - Our British passports will be invalid
|B| Passports
• British Citizen
• EU Passport
Fraud & Right to Work
• Will we see a rise in fraud?
• Right to work checks
• Home Office crackdown
• Get compliant now!
Post Brexit - Irish workers will be able to work in the UK
Migration
• Ireland will remain a member of the EU
• Northern Ireland remain part of the U.K,
• Ireland part of the Common Travel Area
Common Travel Area
• Ireland
• Channel Islands
• Isle of Mann
More than likely
• Continue to live and work with unrestricted access
• Policing the borders
Post EU - EU nationals will have to leave the UK
77%
EEA Nationals
• Reciprocal rights
• Permanent residence after 5 years
• Apply for British Citizenship
• Family members rights
We will have an Australian points based system
Post Brexit Options
• Stay in the EU and renegotiate
• Stay in the EEA
• Be like Switzerland!
• Extend current systems
• True points based system
BE FR NL FI DE IT AT EEIE CY PT LVEL LU SI LTES MT SK BGPL HR CZ ROHU SE DK
NorwayLiechtensteinIceland
Switzerland
EU
EEA
Bilateral Agreement
Points Based Systems - Australia
• Skilled workers (190,000 cap):• 65 points• More points for shortage occupations – mechanics and accountants• Age• Recognised qualifications• Previous experience working abroad
• Skilled Worker – Sponsored: • Not points based
• Humanitarian Programme (20,000 cap)
• Medical examination
Points Based Systems - Canada
• Points based system:• “prioritises broadly desirable human capital, rather than a specific
job offer”• Weighting on location• 67 points:
• Education• English & French Proficiency • Work experience• Age• Offer of employment• Financial background• Medical examination
No points based system for us
Where does that leave us?
Where does that leave us?
• Free movement for EU:• Tourists
• Students
• Pensioners
• EU migrants – register and return if not job
• Rest of world capped
• Tougher regulation on students
Post Brexit - Businesses will find it harder to move staff to other countries
Transfers
• EU free movement of staff
• Intra-company transfer rules
It will be more expensive to recruit
Will it be more expensive?
• Increasing cost of recruitment:• £1,000 per year - Certificate of Sponsorship Tier 2 visa
• £200 per year - Immigration Health Surcharge
• Visa advice
• Relocation
• Impact on salary
• Cheaper employment
What can you do?
• Keep a watching brief
• Look out for consultations
• Look at problem areas
• Sign up to my updates!
Contact Details
Emma Bagshaw
Consultant Senior Solicitor
T: 0845 366 5497
M: 07786326594
W: www.seaburybeaumont.co.uk