Brexit, Immigration and Securing your Migrant Staff Louis MacWilliam
Two very different immigration systems EU (rights) Non-EU (permission) “These provisions have now achieved a degree of complexity which even the Byzantine Emperors would have envied (Jackson LJ)”
EU (rights) Must be a qualified person Permanent residence after 5 years Family members derive a right
Recruiting non-EU workers Non-EU (permission) Recruiting non-EU workers Tier 2 sponsorship Costs Generally degree level or above Resident labour market test Min salary £30k
Looking forward… The EU Settlement Scheme Mandatory scheme - Now open - Deadline to register is 30 June 2021 (or 31 Dec 2020) For EU nationals and non-EU family members Register as ‘settled’ or ‘pre-settled’
The EU Settlement Scheme – ‘Deal’ Open now 31 December 2020 (transition period ends) 30 June 2021 (scheme closes) The Transition Period Arrive between these dates to qualify Must register between these dates
The EU Settlement Scheme – ‘No-Deal’ Open now 31 December 2020 29 March 2019 30 June 2021 Arrive between these dates to qualify no transition – but European Temporary Leave to Remain Must register between these dates
How to secure status British citizenship for adults (naturalisation) Permanent residence doc before UK leaves? Comply with EU Settlement Scheme
Case study 1: Marta & Paul Marta is Polish Married to Paul, a USA citizen Both lived here since Jan 2012 Marta has worked continuously Never applied for EU documentation Want to live here long-term
Case study 2: Axel Axel is Austrian Austria does not allow dual nationality Axel has lived and worked here for 7 years Axel has lived here for 5 years – but unemployed for first 2 years and worked past 3 years
Post-2020 Position For All Migrants No preferential treatment for EU nationals Sponsoring under Tier 2 Costs Generally degree level or above Resident labour market test Min salary (£30k?)
Right to work The Hostile Environment The Compliant Environment Various sanctions and damage Carry out checks correctly to get statutory excuse Permanent statutory excuse/temporary excuse Civil Penalty Notice
What you can do now Reassure Review Consider options
Contact details Email: LMacWilliam@LawBlacks.com Tel: 0113 322 2842 Mob: 07720 593913