When the UK decided to leave Brexit it threw everyone into a state of ‘unknown’. We weren’t sure how things were going to be after we left the EU, or what Brexit would mean for the people who live and work in the UK, but aren’t of British citizenship. Instead of getting used to this ‘new normal’, COVID came along and distracted the world, taking all the attention, as it rightly needed to do. Now things are returning to normal post-pandemic, employers are asking the question, how can I protect and support my non-British workers? How can I make sure I don’t lose them to the system? What rights do they have?
EU Settlement Scheme
The EU Settlement Scheme was set-up by the government following Brexit to help those who live and work in the UK to apply for a ‘settled’ status, i.e. to remain in the UK. For most people the deadline to apply for this scheme was June 2021, however, some people are able to still apply. This includes anyone with ‘reasonable grounds’ for not applying by the deadline (i.e. a good reason why they didn’t apply). To check if you are able to apply through this scheme see the government website.
Despite the name of this scheme, people from outside the EU, EEA and Switzerland, can still apply through the EU settlement scheme, however, they will need to provide more proof of identity.
The UK’s point-based system
Now, any non-British person wanting to work and live in the UK must meet a specific set of criteria for which they will receive points, if the person gains enough points, they will be allowed to work in the UK. This allows businesses like yourself to still hire skilled employees from around the world. To be awarded the right to work in the UK a person needs to have 70 points or more. Points are awarded on based on salary, securing a job offer and educational qualifications.
Legal assistance
Whether you are an individual person or a business looking to protect and keep your employees, there is a process you need to follow and applications you need to make, and all of this can seem daunting. For this reason, we strongly recommend you seek legal advice from a specialist in immigration and asylum. A solicitors like J M Wilson is perfect, not only do they have years of experience in specialising in immigration and asylum, but they also offer things like free legal advice on certain days.
Seeking legal assistance like this will not only help you to understand where it is you and your employees stand, but it can also help you to actually make the applications. Although you can do it yourself, the process is lengthy and time consuming, specific evidence is required and if you don’t provide this then your claim could be denied or at the very least delayed. Having the help of specialist solicitor can help you to manage your expectations, understand the process and help the entire application to go smoother and problem-free.
Support
As well as helping with providing legal advice and with their applications, you should also support your non-British workers. This is undoubtedly a scary time for them, they are unsure what their future holds and perhaps might even feel welcome in a country they have previously thought of as home. As a result, they need your emotional support as well as the practical support you can offer to them. As an employer you have a duty of care to ensure your workers feel supported, so if they need time off to see a solicitor, or they need you to write a letter for them, give this to them, help them as much as you can throughout what might be the hardest time of their lives.
