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Recruiting from the EU in the event of No Deal

Hi all, Happy new year! 

Has anyone seen any definitive guidance from the government about what the position will be for recruiting from EU Countries if there is no Brexit deal? I had been working on the assumption that there would be a lengthy transition period where free movement rules would essentially continue as before. It now seems that No Deal is becoming increasingly likely, as it appears that there has been no movement from either side on the Withdrawal Agreement. Will I be able to recruit from the EU post 30th March if there is No Deal? Will EU applicants need to apply for a visa/work permit and be treated the same as other 3rd country citizens?

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  • Hi Daniel - Happy New Year
    The Government haven't provided any specific guidance on this at the moment. They have however published a white paper that outlines their post brexit immigration plans. This is fairly similar to the current system for non EU people wishing to live and work in the UK (with the £30,000 minimum salary requirement). The proposal does include the ability for people from certain 'safe' countries (i am not sure what they are) to come and work in lower paid roles for up to 1 year. This is designed to support recruitment into the care and other sectors that traditionally rely on having workers from the EU (doesn't seem that it is going to be sufficient to me)

    The plan assumes there is an agreement and transition period past the end of march. I can't see that the Government would be able to put it n place immediately in the event of no deal, but it is possible

    Here is the paper if you want to have a look

    assets.publishing.service.gov.uk/.../The-UKs-future-skills-based-immigration-system-print-ready.pdf
  • In reply to Teresa:

    Hi Teresa. Thanks for posting this, I had read some news about the white paper (which I think actually has the potential to increase rather than reduce immigration, but that's another debate!). My understanding is that a White Paper is a proposal for consultation and doesn't have any legal force. I do find it astonishing that we are two and a half years down the line since the referendum, less than three months from Brexit and yet it is still not clear what immigration rules will apply. I guess we wait and see how things pan out over the next few weeks!

    Will the CIPD be publishing updates as matters progress? The last update I saw at the Brexit Hub was in November.
  • I'm really glad you posted this question as I'm very concerned about the same thing. At least 90% of my workforce are from the EU and my staff turnover has shot up in the last 12 months so I'm incredibly concerned about recruitment (and retention) this year.
  • Steve Bridger

    | 0 Posts

    Community Manager

    4 Jan, 2019 11:36

    Hi Daniel...

    Have a look at this thread... but I'm tagging my colleague, Derek Tong who may be able to provide some further signposts.

  • Hi Daniel, all

    The Home Office's position has not changed from that previously indicated to the CIPD and to their employers forum on post-Brexit immigration — namely that the UK's intention is still to apply the transitional arrangements to EU citizens.

    While some moves are being taken by MPs to try to avoid a no-deal Brexit, a no-deal scenario has not been definitively ruled out at this stage. What exactly comes into play should there be a no-deal has not been agreed, so there isn't more that can be said on that.

    We'll be providing a summary of the latest state of play, what we know, what we still don't know, as well as the implications from the 'meaningful vote' on our Brexit hub later next week. Do check back or post further here if you have any questions.

    Derek 

  • In reply to Derek Tong:

    We are where we are as they say. But shooting national selves in foot re such as the matter of EU nationals in our workforce is IMHO just a symptom of our present national dementia:

    Just can’t avoid thinking about the tragic contrast between 1940 - the time of a strongly-led coalition government of a Britain totally united in maintaining and defending our very civilisation and the change in only 75 or so years, culminating in such absolutely needless and tawdry and jingoistic and divisive and woefully shameful national behaviour that has made us the laughing-stock of the rest of Europe.

    From our finest hour to our very very worst within a single generation!

    (Off-topic of thread, I know, and with apologies for being that)
  • In reply to David:

    David. I've tried to use this forum to ask practical questions about Brexit and avoid
    discussing opinions, as I find the latter can quickly descend into a shouting match.

    My assumptions are about a no-deal Brexit are:

    - All EU nationals resident on 29th March 2019 will be allowed to stay.
    - At some point there will be a visa-based system for EU nationals who wish to come to live and work in the UK and this will be on similar lines to the process for anyone else in the world.

    Wishing to restore sovereignty to parliament and have the same immigration system for Europe as we have for the rest of the world doesn't strike me as 'woefully shameful.'

    Have a nice day!

  • The government has created a dedicated site providing guided information for businesses, individuals, UK citizens in the EU and EU citizens in the UK on what they might need to do to prepare for Brexit.

  • Steve Bridger

    | 0 Posts

    Community Manager

    11 Jan, 2019 15:04

    In reply to Derek Tong:

    Thanks, Derek.
  • In reply to Derek Tong:

    So far there's nothing on recruiting from the EU in the event of No Deal, only on the settlement scheme for existing people.

    www.gov.uk/find-eu-exit-guidance-business

    Hopefully things will become clearer over the next few days and weeks when the government has finished tearing itself apart!
  • In reply to Daniel:

    That's right, because what no-deal would actually look like is still undetermined (the options that are being hinted at could include some form of free movement).

    Stay tuned, we will update after the vote next week!
  • In reply to Derek Tong:

    Thanks Derek. We truly are in "uncharted waters" at the moment!
  • In reply to Daniel:

    Would be kind of exciting if the ramifications weren't so serious!
  • In reply to Derek Tong:

    I follow Brexit closely, I'm kind of a politics junkie. Yes it is exciting, but also incredible that we have 2.5 years since the referendum and still no clear of what is going to happen. We will see I guess!
  • In reply to Daniel:

    I would be amazed if anything becomes clearer in next few "days and weeks" in terms of employment to be honest. Unless by some miracle a deal is done