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

e: pat.saini@penningtonslaw.com

Questions?