UK immigration briefing: Brexit and beyond webinar Thursday 7 December 2017
Key immigration concerns Current situation Preparing for change Proposals: current population Leaked proposals: future immigration
Current situation EU referendum 23 June 2016 UK voted to leave EU Brexit scheduled for 29 March 2019 Immigration control key component of leave campaign Negotiations currently focused on: The divorce bill The NI border Status of EU citizens in UK and UK citizens elsewhere in EU
Current situation continued EU law still stands in UK until Brexit Free movement rights of EEA/Swiss citizens unchanged during negotiations Uncertainty around rights of those already in the UK Uncertainty around longer term movement to and from UK Surge in applications from those already in UK Entire UK immigration system under review (MAC), as is readiness of Home Office to cope with change (Home Office Affairs Committee)
Current free movement rights Right to live and work in UK in any role EEA and Swiss citizens (and their family members) living in the UK can document their status 0-3mths 3mths + National ID card / passport EEA Family Permit (entry of non-eea family member) EEA Registration Certificate (EEA national) Residence Card (non-eea family member) 5 yrs Document Certifying Permanent Residence (EEA) Permanent Residence Card (non-eea family member) 6 yrs British passport
Proposals: Two groups to focus on In UK on cut-off date In UK after cut-off date All EEA citizens (and their families) in the UK will need to apply to the Home Office for permission to stay, regardless of when they arrived
Those in UK on cut-off date Can continue living and working in UK Will all have to apply for an immigration status in UK law Grace period in which to apply (up to 2 years) Permanent residence invalid on Brexit Rights depend on continuous residence in UK by cut-off date (not necessarily Brexit) 5 years Eligible to apply for settled status to remain Permanent residence will not change this Under 5 years Apply for temporary status to acquire 5 years After 5 years can apply for settled status to stay
Settled status? Indefinite leave to remain (Immigration Act 1971) not automatic Free to live, work, study and claim benefits in the UK as British citizens can Can apply for citizenship when eligible Family and legal rights would change (compared to PR) Will be evidenced though a residence document Home Office will no longer require evidence that those not working have held comprehensive sickness insurance Irish citizens exempt
Those arriving after cut-off date If arrive between cut-off date and Brexit: blanket permission while apply for leave to remain under new rules for EU citizens (to be confirmed) If cut-off date is Brexit: New post-brexit arrangements will apply Should not expect guaranteed settled status They will have to register during temporary period if they want to work, study or settle in the UK Students starting a course in/before 2018/19 academic year eligible to apply to remain to complete course
In summary Arrival in UK Before cut-off and 5 years residence Before cut-off and under 5 years residence Grace period (2 years) from Brexit Voluntary registration scheme for settled status or temporary residence permit Future controls Mandatory to obtain settled status or temporary residence permit if not already secured After cut-off Can apply for temporary residence permit from Home Office to remain Subject to new rules yet to be confirmed (no guaranteed settled status)
Post-Brexit uncertainty New rules widely expected to involve controls and work permits, as is currently case for non-eea nationals Continued Government commitment to reduce net migration to the tens of thousands 80% of EU migrant workers are low-paid (i.e. would not qualify for a Tier 2 non-eu visa) Pressure to control lower skilled immigration from the EU
Leaked Home Office document Free movement will end in current form Phased transformation of policy: Pre-Brexit Immigration Bill; Implementation period (at least 2 years); then Tougher new rules in place. Passport mandatory on arrival Temporary biometric residence permits for anyone coming for longer than a few months Highly skilled v. lower skilled occupations
Leaked proposals continued Lower skilled migrants: Up to maximum of 2 years residency Possible limit on numbers able to enter UK High skilled migrants: 3 to 5 years residency Won t necessarily mirror Points Based System Restrictions on ability to seek work Reduction in settlement prospects Give preference in job market to resident workers Income threshold and limitations on family members able to reside in UK
Preparing for change Workforce audit Communication policy Identify future recruitment challenges Contingency planning Do you know the status of your workers? Where are you most reliant on EEA/Swiss workers? Do you have UK workers in EEA? Do you have an agreed strategy for communicating with your workers on the impact of Brexit and the level of support, if any, you wish to provide to them? Increased costs, complex rules, longer timescales, reluctance of EU workers to come to UK / commit to role, changing right to work checks Plan for recruiting, attracting and/or upskilling home-grown talent
Question Time
Contact details Joanne Hennessy (Legal Director) joanne.hennessy@pinsentmasons.com 0141 567 8547
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