What will employers need to do post-Brexit?

According to the latest statistics released by the Home Office, over 1.5 million EU citizens and their families have been granted ‘status’ under the EU Settlement Scheme. EU nationals who have 5 years’ continuous residence in the UK will usually obtain ‘Settled Status’ whilst those who have continuously resided in the UK for less than 5 years in the UK will normally receive ‘Pre-Settled’ status. This allows EU/EEA/Swiss nationals and their family members to have the same rights they currently have under free movement. Please note that Irish nationals are exempt from having to apply to the EUSS due to the Common Travel Area Agreement.

What will employers need to do post-Brexit?

Once the free movement under the EU law comes to an end, EU citizens who move to the UK for the first time will need to apply for an European Temporary Leave to Remain (Euro TLR). It is free to apply for the Euro TLR and it will be granted for a 36-month period. Once the three-year visa expires, migrants who would like to continue staying in the UK must meet the requirements of the new immigration system which will apply as of January 2021.

UK employers should review EU/EEA/Swiss citizens’ workforce as well as consider the skills that they need to sustain their operations. Employers might be asked to check their EU employees’ ‘right to work’ by using the online right to work service. In addition, employers are able to provide their staff with the necessary guidance by using EUSS employer toolkit on following the GOV.UK website:


EU/EEA/Swiss employees and their family members will be able to prove their right to work using either:

  • Their passports or national identity cards;
  • Their biometric residence cards;
  • Their status under the EU Settlement Scheme or EU Temporary Leave Scheme using the Home Office’s online right to work checking service.


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For expert advice regarding any aspect of the EU immigration, please contact our immigration team on 0203 384 3075.







The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.

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