The deadline for EU nationals to apply to the EU Settlement Scheme is fast approaching. Right to Work checks will soon need to be carried out in person and there’s no UK provision for digital nomads. Fragomen’s Kathleen O’Donnell discusses the immigration issues currently facing employers
We’re all enjoying the gentle roll into summer in our stunning region, wandering out at lunch with a colleague down the Wicker canal, for a coffee at Victoria Quays or for some local street food.
What are the key issues we can think about on that amble, to help our people continue to work for us, whether they are European or non-European?
The EU Settlement Scheme: Upcoming deadline
The EU Settlement Scheme is the residency process for Europeans who were in the UK before the end of the Brexit transition period. Most Europeans should now have applied and received status under the scheme – it has been widely publicised by the Home Office, employers and across the media.
However, applications must be submitted before the 30 June 2021 deadline. Those who don’t will be considered to be in the UK illegally from 1 July 2021 and find themselves in difficulty with working, renting, accessing healthcare etc. You don’t need to check if employees have applied under current guidance but if they don’t, they may not be able to continue working for you.
Right to Work checks
Many employers have been enjoying the virtual right to work checks, permitted by the Home Office as part of the COVID-19 concessions. These will end on 20 June and this means you will need to check either the employee’s original documents or the employee’s right to work online, if they are eligible.
You can check a prospective employee’s right to work online if they hold a Biometric Residence Card or have applied under the EU Settlement Scheme. This doesn’t apply to British and Irish nationals or those who don’t hold a Biometric Residence Card.
This is difficult for employers who haven’t yet returned to the office and may cause issues around the need to send original documents by post/courier. It’s important to consider alternatives – for example, meeting the employee in person somewhere convenient.
Shaping the new future: Remote working
Finally, as many employers are looking at returning to the office and considering remote working models, there are immigration considerations for employees holding a visa.
For UK employees holding visa status, there may be immigration implications to consider – especially for those holding sponsored status. In the UK, there is no express guidance for remote workers. Common questions are whether a sponsored person can work from home in the country they have a visa for or work overseas for a UK entity?
And on your stroll back, cup in hand and looking out at the barges, it’s good to feel we are all in the same boat – and that we can navigate the weirs for our teams with the right knowledge and tools.
Kathleen is a manager in Fragomen’s UK immigration team based in Sheffield.
Fragomen is a leading worldwide firm dedicated exclusively to immigration and citizenship services. Fragomen offers immigration support in more than 170 countries globally.
