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More formalities for employees after Brexit

On 31 December 2020, the United Kingdom will finally leave the European Union. This may have consequences for your European employees in the United Kingdom. For example, EU citizens will no longer be allowed to simply live and work in the United Kingdom after 1 January 2021.

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/

The deadline for submitting an application is 30 June 2021.

Will your employees be employed in the UK after 1 January 2021?

Your European employees who will be employed in the UK after 1 January 2021 (the end of the Brexit transition period) will have to apply for a visa. This procedure is subject to strict rules. You can find more information about this topic on the following website of the British government: UK’s Points-Based Immigration System. You can read further information about the formalities with regard to the employment of European employees in the UK on the website of the British government:
  • 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?

To prevent your European employees from being no longer permitted to work in the UK after 31 December 2020, is it important to inform them about this, so they will be able to take the necessary action in good time.

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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Since 1972, Interfisc has offered international HR & Payroll solutions in the Netherlands, Belgium, Germany, France, the United Kingdom, and Italy. We do this from our offices in the Netherlands and Belgium, and with an international team of around 45 committed and caring employees. 

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