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Line managers recruiting non-UK EU/EEA or Swiss national staff

Information for line managers.

The guidance will be reviewed regularly and updated as appropriate. You are advised to check this page regularly for further updates.

Appointing a non-UK EU/EEA or Swiss national to a post in the University

For a transitional period after until 31 December 2020, non-UK EU/EEA and Swiss citizens and their family members will be able to move to the UK and live, study, work and access benefits and services as they do now.

Those who move to the UK after Brexit and wish to stay beyond 2020 will need to apply for a UK immigration status granting them permission to stay.

After Brexit, the Home Office will open a new voluntary immigration scheme – the European temporary leave to remain scheme (Euro TLR) – to provide a route to apply for this immigration status. Applications will involve a simple online process and identity, security and criminality checks.

Successful applicants to the Euro TLR scheme will be granted a period of 36 months’ leave to remain in the UK, running from the date the leave is granted. This will provide EU citizens who move to the UK after exit and their employers with greater confidence and certainty during the transition period, and ensure that they have a secure legal status in the UK before the new immigration system is introduced from January 2021.

Checking the right to work in the UK

There will be no change to right to work checks until January 2021. So the current procedures for right to work checking will continue to apply even for those non-UK EU/EEA and Swiss nationals who arrive after the exit date.

This means that non-UK EU/EEA and Swiss nationals will be able to continue to provide evidence of their right to work in the UK by showing either their passport or national identity card. Alternatively, if they wish to do so, a non-UK EU/EEA/Swiss citizen will be able to use their digital status, granted under the EU Settlement Scheme or under the Euro TLR scheme, to prove their right to work and other entitlements, via the Home Office’s digital status checking service.

Appointing an EU/EEA or Swiss national to a post in the University

If there is a deal, there will be no change for non-UK EU/EEA or Swiss national staff living and working in the UK or taking up new jobs in the UK until after December 2020.

After this date, if they have not achieved settled status and will not qualify for it before 30 June 2021, they will need to make an application under the new skills-based immigration system, which starts on 1 January 2021.

The EU Settlement Scheme is now free; non-UK EU, EEA and Swiss citizens can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021.

Checking the right to work in the UK

There will be no change to right to work checks until January 2021. So the current procedures for right to work checking will continue to apply even for those non-UK EU/EEA and Swiss nationals who arrive after the exit date.

This means that non-UK EU/EEA and Swiss nationals will be able to continue to provide evidence of their right to work in the UK by showing either their passport or national identity card. There will be no requirement for non-UK EU/EEA and Swiss nationals to inform the University that they have gained status by way of the EU Settlement Scheme.

From 1 January 2021, new guidance on right to work checks will apply. The Home Office states that this guidance will be issued “in due course”.