Human Resources: Recruiting Staff From Overseas

Key facts: 

• Settlement Scheme available to EU citizens who were residing in UK before 31 December 2020.
• New points-based immigration policy took effect from 1 January 2021.

Moving to the UK in 2021 and beyond

The UK has left the EU and the following rules have to be considered when recruiting staff from overseas:

• EU, EEA and Swiss citizens and their families who moved to the UK during the transition period (before 31 December 2020) would be able to apply to the EU SETTLEMENT SCHEME. The deadline for applying is 30 June 2021 and it will be free to apply. The status the EU citizen gets will depend on when the application is made. An EU citizen will get a ‘settled status’ (also known as indefinite leave to remain) if:
  • he/she started living in the UK by 31 December 2020; AND
  • lived in the UK for a continuous 5-year period (known as ‘continuous residence’)

An EU citizen will get a ‘pre-settled status’ (also known as limited leave to remain, as it only allows to remain in the UK for 5 years and then the application for a settled status could be made), if he/she does not have 5 years’ continuous residence in the UK, but started living in the UK by 31 December 2020

• Irish citizens can continue to live, work and study in the UK with no change.

None of this affects the guarantee made to EU citizens already resident in the UK. They can apply to the EU Settlement Scheme and they have until at least 30 June 2021 to apply. Until then, they can continue to live, work and study in the UK just as they do now.

Since January 2021, anyone arriving needs to apply under the future points-based immigration system and the company will need to obtain a sponsor’s licence to be able to employ them.

To do

• Check what you need to do via the Government Brexit checker tool.
• Help EU staff to apply under the EU Settlement Scheme (Check out the Employer Toolkit).
• Apply to the EU Settlement Scheme if you are an EU, EEA or Swiss citizen yourself.
• Follow plans for a new immigration policy.
• Check out the London Mayor’s European Londoners Hub for more information and guidance on citizens’ rights.

What’s next 

Employers hiring EU citizens will need to comply with the requirements of the UK’s points based immigration system, which will apply to all nationalities.