4

I haven't been able to figure out what's the status of an EU citizen signing up for a UK job now, starting sometime in the future, if the company is not able to provide Visa sponsorship.

In particular,

  • What happens if Brexit happens between the present moment and the actual start date?
  • What happens if Brexit happens sometime after the actual start date but before all the paperwork is in order?
  • Is it possible that the EU citizen will have to give up the job?

What are the risks that one runs by signing up for a UK job now?

phoog
  • 21,594
  • 2
  • 19
  • 61
Elegant Alien
  • 41
  • 1
  • Do you live in the UK right now? – kiradotee Jul 06 '19 at 01:05
  • In hindsight: You had the right to move to the UK until December 2020, and if you moved there before December 2020, you were just fine (just had to apply for settled status before June 2021). If you tried to move from January 2021, or move now, the favourable rules for EU citizens don't apply anymore. – gnasher729 Sep 14 '22 at 15:44

1 Answers1

3

Now, the UK is still in the EU, so it works just as it has for the last 15 years or so, or at least it is supposed to.

To preserve the rights of EU citizens after the UK leaves the EU, they have devised the EU settlement scheme. This should take care of most of your concerns:

If you’re an EU, EEA or Swiss citizen, you and your family can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. If your application is successful, you’ll get either settled or pre-settled status.

The EEA includes the EU countries and also Iceland, Liechtenstein and Norway.

You may be able to stay in the UK without applying - for example, if you’re an Irish citizen or have indefinite leave to remain.

As the last paragraph notes, Irish citizens are not required to sign up for the settlement scheme. They have a right to live and work in the UK that is independent from EU freedom of movement:

Who does not need to apply

You do not need to apply if you have:

  • indefinite leave to enter the UK
  • indefinite leave to remain in the UK
  • British or Irish citizenship (including ‘dual citizenship’)

You ask:

  • What happens if Brexit happens between the present moment and the actual start date?

There will be a transition period, which is currently set to end at the end of next year:

If you’re an EU, EEA, or Swiss citizen, you can continue to use your passport or national identity card to prove you can work in the UK until 31 December 2020.

If your start date is after the end of the transition period, you will need explicit permission to work.

You ask:

  • What happens if Brexit happens sometime after the actual start date but before all the paperwork is in order?

In that case you should be fine. The deadline for applying for the settlement scheme is currently June 30, 2021, or, if there is no deal, December 31, 2020:

When you can apply

The EU Settlement Scheme is open. You can apply now if you meet the criteria.

The deadline for applying is 30 June 2021.

Which status you get may depend on when you apply.

If the UK leaves the EU without a deal

You will need to be living in the UK before it leaves the EU to apply. The deadline for applying will be 31 December 2020.

You ask:

  • Is it possible that the EU citizen will have to give up the job?

The risk is higher than it would be for a UK or Irish citizen, but it is very small.

You ask:

What are the risks that one runs by signing up for a UK job now?

This is quite broad and speculative, but the risks are small. The most likely troubles are probably related to likely administrative confusion with respect to the new status and the qualifying criteria.

Community
  • 1
phoog
  • 21,594
  • 2
  • 19
  • 61
  • Thank you. Let me see if I get this straight: if the actual start date is before 31/12/2020 (and not 31/10/2019 or sooner, if Brexit is triggered sooner) you're covered? – Elegant Alien Jul 03 '19 at 09:04
  • @ElegantAlien yes, unless the law changes (which, with the uncertainty around Brexit, could always happen). – phoog Jul 03 '19 at 14:24
  • @ElegantAlien I am much less confident than phoog. In my view, if Brexit happens on 31/10/2019, it will be a no-deal Brexit, and there will be no transition period. If your start date is on or after 1/11/2019 you will require a visa. On the other hand, I think there is quite a large probability that Brexit will be postponed beyond 31/10/2019 (and I still hope that Brexit will eventually be cancelled). – Martin Bonner supports Monica Aug 05 '19 at 10:03
  • @MartinBonner the current state of the law is that in the event of a no-deal Brexit someone who lives in the UK under the freedom of movement regulations will be able to continue to live in the UK as long as they apply for the settled status scheme before 31/12/2020. Therefore, unless the law changes, your statement about needing a visa after 31/10/2019 in the event of a no -deal Brexit is incorrect. – phoog Aug 05 '19 at 13:47
  • 1
    @phoog I was assuming that the OP wouldn't be living in the UK until their start date. If they already live in the UK (or start doing so before 31st October), then they are fine. – Martin Bonner supports Monica Aug 05 '19 at 15:06