Update on our EU citizens’ eligibility to work in the UK after Brexit

23 Oct 2019

This update shares our current understanding of the implications for an EU citizen’s eligibility to work in the UK after 31 October 2019

This update shares our current understanding of the implications for an EU citizen’s eligibility to work in the UK after 31 October 2019 (the planned date for the UK’s departure from the EU), in the event that the UK leaves without a new deal and free movement as it currently operates ends. 

As an employer, the University is not required to make any changes to our ‘right to work’ checking process before January 2021.  We will continue to check the right to work documents of all staff, including EU citizens; the same documents will be accepted, and we are not required to ascertain whether EU citizens joining the University arrived in the UK before or after 31 October 2019.

Our EU colleagues who arrived in the UK before 31 October 2019 are encouraged to apply for the EU Settlement Scheme.  They currently have until 31 December 2020 to do so, and from this week an app is available for iPhone and Android users.  Further support, including access to an Android device, is available from hrservices@manchester.ac.uk.  At present colleagues do not have to inform HR if they have obtained either settled or pre-settled status.

Any EU colleagues arriving in the UK after 31 October 2019, and before 31 December 2020, will be able to apply for a new immigration status: European Temporary Leave to Remain.  The scheme has not launched yet, but it will be a free online process. We will communicate further when have more details.

From January 2021 a new point-based immigration system will be launched, which will be the route for EU workers to gain permission to work in the UK.  At this point our obligations as an employer will change and this may impact the type of checks we undertake, including the documents we can accept as evidence of eligibility to work in the UK.  The government has communicated that this will go ahead whether the UK leaves with a deal or not.

Irish citizens are reminded that they do not need to apply to either the EU Settlement Scheme or the temporary leave to remain schemes as their right to live and work in the UK is based on legislation pre-dating the UK’s membership of the EU.

If you have any queries please contact hrservices@manchester.ac.uk