20 February 2019

Settled Status for EU citizens

Many of our members will have employees from other European countries who have lived and worked in the UK for some time. Both employers and employees will have concerns about the rights of those workers to remain in the UK after Brexit.

The UK's Settlement Scheme is available to qualifying EU citizens who have been living legally and continuously in the UK for five years. Those who have not yet met the five-year requirement are entitled to apply for pre-settled status, which they will be able to convert to settled status once they have been in the UK for five years.

The Scheme will be open to individuals who arrive in the UK before 31 December 2020 should the UK leave the EU with a formal withdrawal agreement in place, or before 29 March 2019 in the event of a no deal Brexit. Individuals will be able to apply until 30 June 2021 under the withdrawal agreement, or until 31 December 2020 if there is no-deal.

EU citizens granted Settled Status will be entitled to remain in the UK, with the same access to work, education, benefits and public services they have now. They will also be entitled to bring close family members, defined as spouses, civil partners and durable partners, dependent children and grandchildren and dependent parents and grandparents into the UK in future, provided that the relationship existed on 31 December 2020 should the UK exit the EU with a withdrawal agreement in place, or 29 March 2019 in the event of a no-deal.

The Settlement Scheme has been piloted with employees in the higher education, health and social care sectors. It is moving to a public test phase from 21 January 2019, and is due to be fully operational from 30 March 2019.

The UK Government has stated that the application process is designed to be simple and can be done online from a smartphone by downloading an app, or in writing. Immigration minister Caroline Noakes said that the Government would be "looking to grant applications, not for reasons to refuse them." The EU Settlement Scheme is currently in a test phase and a charge of £65 applies - however this will be scrapped when the Scheme is rolled out in full. Any early birds who have already paid the fee will be able to claim a refund.

3.8 million people are expected to apply for the new Settled Status, and the concern for employers may be whether the Home Office has the backoffice infrastructure to deal with the number of applications. But the Settlement Scheme is a step forward in providing certainty and stability for both employers and employees.

Need more help with Brexit related issues, then be sure to check out the BPIF Brexit section of the website by clicking here.