Employing EEA Nationals during and after Brexit

As the fight for an ‘appealing’ Brexit continues, the uncertainty for UK businesses grows. A number of EEA Nationals are leaving the UK and there are very little skilled EEA Nationals coming to the UK. UK companies who have enjoyed the wonderful skills pool of the EU job market are beginning to wonder what the impact is going to be on their business, if their key people move back to Europe.

What can UK companies do to safeguard their EEA National Employees?

It is important to keep abreast of the immigration news and the transitional rules which will occur over the next three years, on behalf of your EEA National employees. The following link to the UKVI website, gives you up to date information on what you may expect ahead for EEA Nationals remaining in the UK post Brexit:
https://www.gov.uk/entering-staying-uk/rights-eu-eea-citizens

Keeping informed – Key Dates

• Britain exits Europe on 19th March 2019 – It is recommended that all EEA Nationals who qualify under the current EEA Regulations 2016 for a Certificate of Permanent Residency apply now to avoid the possibility of exorbitant fees set when the EEA Regulations 2016 fall away on 31st December 2020. Please note: currently you need only pay £65 for any EEA application to reside in the UK.
• EEA Nationals applying to come to the UK can apply to do so under the current EEA Regulations 2016 until 31 December 2020.

Acting in your employees best interests

Some companies have already started the process of supporting their EEA Employees in applying under the current EEA Regulation framework, thus avoiding any disruption and expense further down the line.

What will the new Immigration route for EEA National skilled workers look like post June 2021?

It is anticipated, when the EEA Regulations 2016 fall away, any EEA National skilled worker wanting to enter the UK after 30th June 2021 will be required to apply under the Tier 2 route whereby the UK fees will apply. There are several proposals from the Migration Advisory Committee who advise UK Government on Migration policy, particularly in the Tier 2 Worker Category; pressing to remove the cap on the Tier 2 Restricted Certificates of Sponsorship limit of 20,800 and to additionally abolish the Resident Labour Market Test, both of which have been a hindrance on the application process for Tier 2 Employer Sponsor Licence holders. These changes will open up the Tier 2 route to make it easier for employers to hire from outside the UK Resident Labour Market. However, the fees attached to this process far outweigh those under the EEA Regulations 2016. Please note this policy has yet to be legally formalised.

For more information regarding the Migration Advisory Committee’s report for EEA Nationals please follow this link:

https://www.gov.uk/government/publications/migration-advisory-committee-mac-report-eea-migration