While the general discussion of Brexit has died down, to some degree, employers of EEA Nationals must continue stay tuned and engage with the challenges ahead. Following Brexit, there will be a transition period until 31 December 2020, during which EEA nationals will still be able to come and work in the UK.
It is advisable for employers to make sure that all their EEA workers obtain settled or pre-settled status, to enable them to stay at the end of the transition period. The current position is that EEA nationals who are resident in the UK by 31 December 2020 have until 30 June 2021 to make an application. Further to that it is essential that employers fully understand their obligations in relation to employees on international assignments and international commuters in relation to qualification for settled status.
Employers must also prepare for the new immigration system that will be in place after the transition period. The Migration Advisory Commission is expected to report further, having considered options for a new points-based system.
If they have not already done so, employers should carry out an audit of their workforce and consider where there may be staffing issues, should they currently rely on EEA nationals for certain roles. It is essential that employers ensure that the seek corporate immigration advice and assistance in relation to how to carry out this audit to ensure they are protecting themselves from breaching immigration rules as well as protecting themselves from the risk of employment related disputes. They should look for potential skills gaps and consider the impact of the new immigration system.
Moving forward, some employers may need to obtain a sponsor licence to recruit the staff they need from abroad. To avoid causing any disruption, especially for key/senior roles, the sooner an employer can get ahead of the process, the better.
Credits: Paida Dube, Employment Solicitor - DavidsonMorris