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Remember Brexit? Your questions and concerns...

Steve Bridger

| 0 Posts

Community Manager

29 Sep, 2020 12:31

We’re keen to hear your questions, concerns and thoughts about the Brexit transition.

As you will all know, at the end of this year the Brexit transition period will come to an end and the introduction of new trading and immigration measures within the UK will be put into place.

While the impacts of COVID-19 will undoubtedly remain a focus, organisations need to make sure they’re prepared for the changes Brexit will bring on 1st January 2021.

This is particularly true for the impact of the new Points Based Immigration System, and the new requirements UK organisations will need to adjust to when recruiting from abroad.

To help support you through this change, we’re keen to hear your questions, concerns and thoughts about the Brexit transition.

Please comment below and we’ll work to answer your questions, and use them and your feedback to directly inform our content, resources and guidance. 

You can see our existing resources on our Brexit Hub here.
https://www.cipd.co.uk/news-views/brexit-hub

ps Also feel free to suggest other ways we may support you with the impact of Brexit over the coming weeks and months.

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  • Gemma

    | 0 Posts

    3 Dec, 2020 14:33

    In reply to Bev:

    Hi,
    I also have concerns regarding visas and travel rules for business purposes into the EU. I believe there is no change if justtravelling to attend a meeting but our employees travel to install or service equipment - will visa's be needed for this kind of travel?
    Thanks
  • Steve Bridger

    | 0 Posts

    Community Manager

    3 Dec, 2020 15:37

    In reply to Gemma:

    Hi Gemma...

    www.gov.uk/.../providing-services-to-eea-and-efta-countries-after-eu-exit
  • Jane-Clare

    | 0 Posts

    3 Dec, 2020 17:14

    I had understood that EU passports are valid right to work in the UK until 30 June 2021 & people do not have to prove settled status until then. However if EU joiners arrive in the UK after 1 Jan 2021 to start work in the next few months they are not eligible for settled status - so what happens to their immigration status from 1 July?
  • Helen

    | 0 Posts

    7 Dec, 2020 13:24

    In reply to Jane-Clare:

    hi Jane-Clare, if they don't already have settled or pre-settled status(which they may have obtained if they have been in the UK previously) then they will have to apply for a Skilled Worker Visa and you will have to be a Licensed Sponsor and follow the minimum salary/qualification/points thresholds. This is effective from 1st January for EEA nationals. Strictly speaking, if they don't have settled/Presettled status from then, we cannot offer them employment except under the Skilled Worker route - although we can't insist on seeing seeing Settled Status evidence or Skilled Worker visa from a European National until June 2021 - they and we can rely on passport only.
    So it is possible that an EU National who "should" be sponsored" just presents their passport and provided they get past Border Control with just their passport and no other evidence, it will be difficult for us to challenge. However, we are now starting to prepare comms and advert wording to warn European candidates and applicants and to demonstrate our compliance with the new rules.
  • Sharon

    | 0 Posts

    10 Dec, 2020 14:12

    Hi Steve, I attended a great webinar from one of the big law firms on the EU Settlement Scheme and it was useful to hear their recommendations on what employers need to do to check the compliance of their people and also their recommendations on communication. Very practical.

    I run a networking group and the things coming up as regular discussion points and questions are around:
    *employees currently working from home in the EU and the implications that has on tax status, Covid guidelines, insurance (health, travel, work, liability) requirements and the employment contract, for example one asked if they could insist the employee comes back and what happens when they say that can't or won't.
    * travel for work and requirements for that including what individuals and companies need to be aware of
    * working remotely and the impacts this will have - do we need to check that work is being done from the UK?

    I imagine as the real impacts of the Brexit deal are felt and come rippling through the businesses we work in there will be many more practical, business and strategic considerations to be discussed. We've probably only scratched the surface.
  • Ray

    | 0 Posts

    10 Dec, 2020 14:56

    In reply to Sharon:

    Some key points raised there - as far as the person who refuses to return is concerned, unless there are acceptable business reasons for maintaining the person in another country (with all the added costs arising from local payroll and employer obligations), I suspect dismissal will be the likely sad solution - after all, for as long as the person is working remotely abroad, the company is exposed to risks and liabilities that it cannot realistically manage.......
  • Sharon

    | 0 Posts

    10 Dec, 2020 19:15

    In reply to Ray:

    Thanks Ray. I appreciate that. When this question was posted on my networking group I sadly thought the same thing. My advice would be to speak to the employee and then to the lawyers as it could get sticky. I did wonder if trust had broken down before this point but in some cases it just becomes untenable and the individual employee would probably be better finding a local job if they can't return to the UK.
  • Peter Stanway

    | 0 Posts

    11 Dec, 2020 07:11

    In reply to Sharon:

    We have a problem with someone with a previous criminal conviction who cannot get settled status and will therefore have to leave work on or before 30 June 2021. We are not aware of whether he can appeal.
  • Gemma

    | 0 Posts

    14 Dec, 2020 09:58

    Hi, I am looking to apply for a licence to sponsor EU employees without settled status next year - has anyone done this process before - do I need legal support to do this? Is it quite a straight forward process?
    Thanks!
  • Gemma

    | 0 Posts

    14 Dec, 2020 09:59

    In reply to Sharon:

    Hi - i would love to join your networking group - am i able to join remotely?
  • Sharon

    | 0 Posts

    14 Dec, 2020 10:09

    In reply to Gemma:

    Yikes Gemma, I'm not sure if this contravenes any CIPD rules. Hopefully Steve will let me know if it does. It's for seasoned HR/People professionals (interims, coaches and consultants) who run their own independent businesses or want to. It's quite niche. You can find me on Linked In and ask to connect and I will tell you all about it. Hopefully I'm easy to find from my picture or search for HR Interim Networking on Linked In and ask to join direct. There are other groups like HR Ninjas and HRi too and I am sure there are more too.
  • Steve Bridger

    | 0 Posts

    Community Manager

    14 Dec, 2020 10:57

    In reply to Gemma:

    Hi Gemma... and everyone!

    We're hosting a free webinar on 14th January, which I'm sure you will find helpful.

    CIPD Brexit webinar: Getting to grips with migrant recruitment

    I'd invite you and others to post any questions you might have for an immigration lawyer below. We'll ensure these get asked 'live' on the 14th January!

    We're also preparing a guide, which will definitely answer these questions, too.

  • Fiona McGettigan

    | 0 Posts

    18 Dec, 2020 16:46

    Hi all,

    Our company has been notified that we're onboarding a Dutch national to our UK-based entity joining us in Jan21. As she is UK resident already does this mean we don't need to have a sponsor licence and all is required is the right to work check?

    Thanks for any feedback,
    Fiona
  • Helen

    | 0 Posts

    22 Dec, 2020 13:32

    In reply to Fiona McGettigan:

    Hi Fiona, If your Dutch National has or can apply for pre-settled or settled status when she joins you then you don't need to sponsor her. If she is already in the UK she and you should be fine, but worth reminding her that Banks, mortgage lenders, landlords, car hire etc may all start asking for evidence of this from January so she is best to apply now (if she hasn't already got it).
    Pray we don't end up with no deal.....
  • Fiona McGettigan

    | 0 Posts

    23 Dec, 2020 14:47

    In reply to Helen:

    Thank you Helen