One of the biggest Brexit issues is the impact on the freedom of movement of all EU nationals and the status of existing EU residents. To resolve this the Government has launched the settled status scheme to allow EU nationals to apply for the right to remain in the UK post Brexit.

Two types of grant will be made; settled status and pre-settled status. Settled status is applicable for those who have lived in the UK for five continuous years before the date the UK leaves the EU. Applicants with less than 5 years’ continuous residency will be eligible for pre-settled status.

Those eligible to apply for settled status are EU, EEA or Swiss nationals, even nationals who were born in the UK or are married to UK citizens. The scheme is free to apply to. Currently the application deadline is 30 June 2021 but this will reduce to 31 December 2020 if we leave the EU without a deal on 31 October.

Currently over 2.5m EU nationals living in the UK have not applied for settled status post Brexit with many unaware of what needs to be done. Many workforces are comprised of employees from EU member states and some employers have started assisting their employees.

Applicants will need to be able to prove their identity and proof of residence. Identity can be confirmed via a valid passport. Residency can be confirmed via a National Insurance number which will be checked to check that payments have gone back for 5 years. Anyone without the requisite NI contributions will be asked to send other documents – utility bills, tenancy agreement etc. – to prove residency.

Many employers are helping their staff with the application. Primarily as a supportive employer but additionally to ensure they have taken all reasonable steps to ensure their employees have the right to work in the UK. Any company that illegally employees people who do not have the right to work in the UK could face unlimited fines and criminal prosecution.

For more help on settled status please see the government website.