KR HR & TRAINING NEWS ARCHIVE

With the transition period formally over, what does Brexit actually mean for the staff you currently employ from the EU and recruiting new workers from Europe?

Before we found ourselves in the midst of a global pandemic, we may have expected Brexit preparations to be one of our main people-related focuses during 2020. However, if you have struggled to find the bandwidth to think about how Brexit may impact your workforce and recruitment strategies, you are not alone! Here is a quick summary of the main things you need to consider now:

1) SUPPORTING EXISTING COLLEAGUES WHO ARE EU NATIONALS
EU nationals who are already in your employment can continue to work for you, although from July 2021 you will need to ensure you have checked their settled status. Whilst there is not technically a requirement to hold this status prior to 01/07/21, it is worth talking you any EU employees about how to apply (it is now free to do so) so there are not any problems or delays at the last minute – we would not recommend leaving it until the end of June to apply!

On a more personal level, it has been a confusing and unsettling time for many people so it is important to reassure European colleagues that their skills and contributions are valued and find time to listen to any concerns they may have. 

Please note that Irish citizens can continue to work in the UK freely after Brexit (and vice versa) without the same restrictions posed on other EU nationals. 

2) CHECKING SETTLED OR PRE-SETTLED STATUS (FROM JULY)
EU nationals can continue to work in the UK with just their passport as proof of right to work in UK until 30/06/21 after which time you will need to check that they have settled status (or pre-settled status) by completing an online check (you can complete the check now if the individual already holds settled status however you cannot REQUIRE someone to prove this prior to 01/07/21).

The individual will need to give you a code to enable you to complete the check, which you should print out and sign to confirm that the photo on the individual’s page resembles the individual and retain this check as evidence on their HR file. Having already completed a check on behalf of a client, we can confirm that it’s quick and easy to do. 

If an employee (or candidate) from the EU cannot show that they have settled or pre-settled status from 01/07/21, they would need to either show that they also have dual citizenship (British or Irish) or have a work visa to be allowed to work in the UK. In the case of an existing employee, if they no longer have eligibility to work in the UK from 01/07/21, then they would no longer be able to fulfil their contract and it would be void.

3) IMPACT ON YOUR RECRUITMENT POOL – CONSIDER VISA SPONSORSHIP
Recruiting new talent from the EU is now more restricted and subject to a points-based system. If you rely on recruiting from Europe to fill specialist or skills shortage roles, it would be worth considering whether to apply to be a visa sponsor – ideally before you find yourself in the middle of a recruitment campaign! The visa sponsorship application process is fairly detailed but not overly expensive so it is worth getting started early. 

The most common visa route is a Tier 2 Skilled Worker visa. To be eligible, individuals will need at least 70 points, which must include at least 50 mandatory points
– 20 points for a role at level 3 or above (mandatory)
– 20 points for a job offer from an approved sponsor (mandatory)
– 10 points for intermediate level English (mandatory)
Additional “tradeable” points are available for advanced level qualifications (particularly in STEM subjects), skills shortage specialisms and salary level. 20 points is available for a salary of £25,600, however it is possible to gain a visa with a lower salary if other criteria around qualifications and specialisms are met. The lowest accepted salary is £20,480 (which does not carry any points) and starting salaries must be at least 80% of the average salary rate for the profession (or 70% for a new entrant). Further information about the points criteria is available here.

4) REDUCED MOBILITY FOR UK EMPLOYEES 
With effect from the start of 2021, UK citizens have lost the automatic right to live, work and study freely in 30 European countries (EU member states except Ireland, plus EEA countries) unless they were already legally settled before 31/12/20. Individuals will now need to comply with the different immigration rules for each country, details of which can be found on the government website.
For most EU countries, you can visit without a visa for up to 90 days in a 180-day period but for visits of any duration, you must have at least 6 months left on your passport. Attending business meetings during a short trip is acceptable without a visa, but providing services on a self-employed basis during a short stay may require a visa. If you require professional qualifications to practise, you will need to check if they are still recognised in the EU. More about travel restrictions and requirements is available here.

For further detailed guidance, we recommend the CIPD’s Brexit hub.