What steps must an employer take to prepare for post-Brexit?

If the ongoing Covid-19 pandemic wasn’t causing enough trouble, there is now less than three months left until the end of the Brexit transition period (31 December 2020). In this blog we provide a short summary of the key points employers may want to note in relation to the new immigration system that is due to come into force from 1 January 2021:

• Non-UK and Ireland nationals who intend to work, live or study in the UK from 1 January 2021 will have to apply for a visa before entering the country;
• Employers may have to sponsor the migrant worker for them to work in the UK ; and
• If the employer is not currently a licensed sponsor, they should apply for a sponsor licence as quickly as possible due to the anticipated high demand for this service in the upcoming year.

What steps can an employer take prior to 1 January 2021 to ensure that they are ready for the new rules?

1. Employers can apply for a sponsor licence now, so that migrant workers or international students (including EEA or Swiss nationals) can be sponsored to work or study in the UK.
2. If an employer already has a sponsor licence, the employer should ensure that it remains valid and that Certificates of Sponsorship are accessible. 
3. As an employer, you can provide guidance and assistance to existing EU, EEA or Swiss national employees to ensure that they apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. 

Please see our blog on EU citizens’ rights during the Brexit transition period (https://www.gherson.com/blog/eu-citizen-rights-brexit-transition) for further information on the rights and entitlements EEA nationals have in the UK. 

If you are an EU, EEA or Swiss national and are looking to relocate to the UK now or in the future, please do not hesitate to contact us to discuss the points-based immigration system and your circumstances in further detail. 

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2020