The EU Settlement Scheme is now partially open and is expected to open fully to all EU nationals who are resident in the UK, on 29 March 2019.

Under this scheme, those who meet the requirements of 5 years’ continuous residence can apply for ‘Settled Status’ in the period up to the deadline (note the potential for the current deadline to change, set out below).

Those who have less than 5 years’ continuous residence can apply for ‘Pre-Settled Status’.

Key issues for employers

With the ongoing uncertainty around the UK’s exit from the EU, and continuing negotiations, it can be difficult to stay on top of the key dates. Employers of EU nationals should be aware of the steps these staff can take to protect their status in the UK and the potential for deadlines to shift within the forthcoming months. Employers should also be aware of the future need for EU nationals to demonstrate their status and right to work in the UK, as part of their right to work checks. As part of the application process, an initial check of continuous residence is performed using the applicant’s National Insurance Number. If this check is unsuccessful, however, HR teams may be asked to assist applicants with any further documentary evidence they need to supply.

Timeline