EU Settlement Scheme: introduction for employers

The Home Office have recently issued information pertaining to employers and EU Settlement Scheme.

Here’s what you need to know.

(Updated as of 09 December 2020)

What does the EU Settlement Scheme mean for employers?

If an EU citizen and their family members (inclusive of children and non-EU citizens) wish to continue to live, study and work in the UK after 30 June 2021, they will need to apply to the EU Settlement Scheme.

What obligations does an employer have regarding the EU Settlement Scheme?

  • Though there is no legal requirement for employers to communicate information pertaining to the EU Settlement Scheme, employers may direct employees to the relevant government updates
  • Employees are responsible for EU Settlement Scheme applications and are not obliged to inform employers if they have applied or the outcome of said application
  • Employers cannot discriminate against an EU citizen employee
  • Unless qualified to do so, employers must not interpret EU Settlement Scheme information or give immigration advice to employees
  • Given the deadline for EU Settlement Scheme applications is 30 June 2021, EU citizens must be a UK resident by 31 December 2020 to be eligible to apply
  • As the UK will introduce a points-based immigration system from 1 January 2021, employers will need to be a licensed sponsor to hire eligible employees currently residing outside the UK

What right to work checks will be conducted under the EU Settlement Scheme?

“Job applicants can prove their right to work using any of the following”:

  • their valid passport or national identity card (until 30 June 2021) if they are an EU, EEA or Swiss citizen
  • their valid biometric residence card (until 30 June 2021) if they are a non-EU, EEA or Swiss citizen family member
  • their digital status under the EU Settlement Scheme using the Home Office’s online view and prove your immigration status service to generate a share code: uk/view-prove-immigration-status

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 the EU Settlement Scheme: employer information, send an email to info@compasslaw.org.uk or contact us on 01204 531 535 to book a telephone/Skype consultation. The fee is £30.

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