December 1, 2020
Source: Jo Panuwat D/Shutterstock
The UK formally left the EU on Friday 31 January 2020 and is undergoing a transition period before it is finalized.
For EU professionals working in the UK, or planning to move there, we have outlined some key areas to be aware of.
If you are unsure about what to do next, it is highly recommended that you visit the gov.uk website for advice. They have a transition checker to help you assess your priorities.
New rules for businesses and citizens will be imposed on 1st January 2021 when the transition period ends.
If you are an EU citizen working in the UK before the 31st Dec 2020, you need to have applied for residency or settled status before 30th June 2021 to avoid any immigration concerns beyond June 2021.
On 17 October 2019, a revised Withdrawal Agreement and Political Declaration was agreed at European Council. The agreement establishes the terms for the UK withdrawal from the EU and provides information on citizens’ rights.
The Withdrawal Agreement outlines a time-limited transition period before the changes relating to Brexit formally take place. This period ends on 1st January 2021.
Source: AP Chanel/Shutterstock
If you have lived in the UK for at least five years, you are eligible for ‘settled status’. This entitles you to live permanently in the UK and later apply for UK citizenship.
If you have lived in the UK for less than five years, you are eligible for ‘pre-settled status’ and can apply for settled status after five years of residence.
EU citizens, and their non-EU family members need to apply for the EU Settlement Scheme (EUSS) to retain UK residence rights. It is free to apply.
For Irish citizens, the requirement to apply for settled status is voluntary.
You will need proof of your identity and residence in the UK. Proof of identity could include a valid EU, EEA or Swiss passport, biometric ID card or biometric residence permit.
Applications can be completed by:
*Please note that there may be delays in returning documents sent by post. Be mindful of this if you will need your documents for a specific date, such as a holiday or business trip.
If your application is successful, you will be emailed a letter to confirm your settled or pre-settled status. You can also view or prove your immigration status online.
More information about applying for EUSS is available here.
To apply for settled status, you usually need to have lived in the UK, the Channel Islands, or the Isle of Man for at least 6 months in any 12-month period for 5 years in a row.
EU, EEA, or Swiss citizens will need to have established residence in the UK by 31 December 2020. Application must for EUSS must be submitted by the end of June 2021.
It is possible to apply from abroad if you lived in the UK for at least five years and have been absent for less than five years since then.
Applicants must also meet ‘suitability’ criteria which considers their personal conduct, criminal record, and honesty in the application.
You can still move to a new country within the EU up until 31st December 2020. After that date, you will have until 30th June 2021 to apply for residence status if you wish to stay.
The Migration Observatory at University of Oxford highlighted several groups that are at risk of missing out on applying for settled status in the UK.
If you, or your family members were resident in the UK before 31st December and fall into the below categories, you should ensure you apply before 30 June 2021.
It is highly recommended that you seek the latest government advice by visiting the European Union website
If you are you an Airswift contractor or client and have specific questions about your situation, you can contact your relevant service consultant.
This post was written by: Craig Ferguson, Senior Client Services Manager - Europe & Africa
Brexit: a guide for UK citizens working in the EU after January 2021
How to successfully manage global teams
Planning an exit strategy for your business
The importance of background checks on potential hires
Why is sustainability so important, and how can it benefit business?
Petrochemical firms need an employer brand strategy for digital talent
5G use cases in business
How to improve talent retention in a post-COVID world
Things to consider when outsourcing payroll providers
5 Factors to Consider When Planning your Governance Policy