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Remember Brexit? Your questions and concerns...

Steve Bridger

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.

  • in reply to Anka
    As I understand it there is no obligation to check existing employees as they have already proved their right to work. We have suggested that our EU nationals apply for settled / pre-settled status but this is for their own benefit going forward. Gov.uk also states that we can continue to rely on a passport up to 30/6/2021.
  • in reply to Helen
    Thanks, Helen! Much appreciated.
  • My question would be, from 2021 can a director of a UK Ltd company be here on a visa?
  • in reply to Emily
    Hi Emily
    I suspect the answer will be “yes”
    After all, today many board members of FTSE100 companies are neither UK nor EU residents.
    If the question concerns executive directors, them once again quite a few large organisations have executive directors who are in the UK on a visa.
  • Hello,

    We have an EU national employee on a UK contract who moved back to Slovakia couple years ago but still works for us remotely. We have been paying him through our payroll is there anything we need to change ?
    We also have a Swedish contractor who resides in Sweden and invoices us directly.
    Are there any changes required. Any advice would be great thanks as not sure where to start.
  • 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
  • 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?
  • 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.
  • 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.