More formalities for employees after Brexit
What does this mean for your European employees without a visa, who were already employed in the UK before 31 December 2020?
- Has your employee been living in the UK for 5 consecutive years? In that case, he/she may apply for a ‘settled status’, i.e., a residence permit for an indefinite period of time.
- Has your employee been living in the UK for less than 5 years? In that case, he/she may apply for a ‘pre-settled status’, which will allow him/her to continue to live and work in the UK until a total period of 5 years has been completed. After this period, the employee can apply for the ‘settled status’.
You can find more about this topic on the website of the British government:
https://www.gov.uk/settled-status-eu-citizens-familieshttps://www.gov.uk/settled-status-eu-citizens-families/applying-for-settled-statushttps://www.gov.uk/government/collections/eu-settlement-scheme-employer-toolkithttps://www.citizensadvice.org.uk/immigration/staying-in-the-uk-after-brexit/applying-for-settled-status/
Will your employees be employed in the UK after 1 January 2021?
- https://www.gov.uk/guidance/employing-eu-citizens-in-the-uk
- https://www.gov.uk/guidance/recruiting-people-from-outside-the-uk-from-1-january-2021
What should you do as an employer to prevent problems?
Do you also employ British employees who work for you in the Netherlands or in another EU member state?
Because of Brexit, formalities also apply for this situation in most countries.
For example, British citizens in the Netherlands have to apply for a residence document, even if they were already employed in the Netherlands before 1 January 2021. If they start working for you in the Netherlands after 1 January 2021, you as an employer will have to apply for a work permit. You can find more information (in Dutch) about these situations on https://www.brexitloket.nl/onderwerpen/personeel
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