EU Settlement Scheme – an introduction for employers

The Home office have recently issued guidance pertaining to the EU Settlement Scheme – an introduction for employers.

Here’s what you need to know.

(Updated as of 24 June 2021)

What does the EU Settlement Scheme mean for employers?

The EU Settlement Scheme is applicable to EU citizens and family members (inclusive of children and non-EU citizens), who were living in the UK by 31 December 2020. If you fall under this category and you wish to continue living, working, and studying in the UK after 30 June 2021, you will need to apply to the EU Settlement Scheme.

For employers who wish to assist employees that are EU citizens, you may provide relevant information pertaining to the EU Settlement Scheme.

What are my obligations as an employer under the EU Settlement Scheme?

Though there are no legal obligations for employers to relay the EU Settlement Scheme, you may point employees towards the relevant information provided by the government. Additionally:

  • The responsibility of making an application to the EU Settlement Scheme resides with the EU citizen and they are not obligated to inform you if they have applied or on the outcome of their application
  • You have a duty to ensure there is no discrimination against EU citizens as either a prospective or current employee
  • Right to work checks must be conducted on all potential employees (including British citizens)
  • When employing individuals and conducting right to work checks, you must ensure you avoid unlawful discrimination
  • Government information pertaining to the EU Settlement Scheme must not be interpreted and you should not give immigration advice to employees unless you are qualified
  • Residents in the UK by 31 December 2020 have until 30 June 2021 to apply to the EU Settlement Scheme
  • With the introduction of the points-based system (as of 1 January 2021), you must be a licensed sponsor to employ eligible employees from outside the UK

Please be advised that the above information is not exhaustive as there are more requirements and points to consider.

For more information provided by Bolton’s leading Immigration Solicitors on EU Settlement Scheme – an introduction for employers, call us now on 01204 531 535 or send an email to info@compasslaw.org.uk to book a telephone/Skype consultation. The fee is £30.

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