EU Settlement Status

Successful applicants under the EU Settlement Scheme will be allowed to work, study and access the NHS however by the end of the transition period on 30th June 2021, if the EU, EEA or Swiss citizen – or indeed their family members – have not obtained pre-settled status or settled status under the EU Settlement Scheme, they will most likely be subjected to the hostile environment policy – i.e. they will be liable to enforcement action, detention and removal as an immigration offender.

You may choose to use the Home Office online service to check if they have been granted the status, to do this you will require the employee’s date of birth and unique share code. You will need to keep a record of this check.

Citizens who are unsure if they need visa pre and post Brexit, please go to Gov website in order to check if your country needs a visa to come to UK to visit, study or work.

Immigration to the UK after 1 January 2021

The UK Government has introduced single immigration system from 1 January 2021. The new system includes:

A single immigration system for all nationalities, focused on talent and skills
A new skilled workers route open to all nationalities with no cap on numbers – no requirement for businesses employing high skilled employees to undertake a resident labour market test. There will be a minimum salary threshold introduced but this will be consulted on.
A new time limited route for temporary short term workers from low-risk nationalities of all skill levels with no cap on numbers. There will be conditions; including cooling-off period to prevent this route being used for long-term working
Irish citizens will continue to have the right to live and work in the UK

Visitors from the EU, EEA or Switzerland will be able to come to the UK for 6 months, including tourists and business visitors.

From 1st January 2021, sponsorship duties should also be broadly in line with how they are now, for EU nationals. More guidance can be found here.

Family Permit

The EUSS enables EU, other European Economic Area (EEA) and Swiss citizens, resident in the UK by the end of the transition period on 31 December 2020, and their family members to get the UK immigration status they need to continue to work, study and access benefits and services, such as healthcare, in the UK after 30 June 2021. The EUSS family permit enables relevant family members to travel to the UK.

The changes to the Immigration Rules in respect of Appendix EU and Appendix EU (Family Permit) from 8 November 2022 include:

Clarification on the circumstances in which a family member arriving in the UK after 30 June 2021 can start a continuous qualifying period of residence in the UK under the EUSS.
A new provision that where a joining family member arrives in the UK with limited leave such as a work or study visa or is exempt from immigration control, the deadline for them to apply to the EUSS is linked to the end of that status, rather than within three months of their arrival in the UK.