The Home Office say it’s ‘categorically untrue’ that workers rights won’t be protected (Picture: Getty Images Europe)

The Home Office have denied claims EU workers could legally be sacked on day one of a no-deal Brexit.

But a former Change UK MEP candidate said the EU Settlement Scheme helpline advised her that it would be legal to fire an EU worker who had not applied to continue living in the UK before October 31, when the UK is due to leave the European Union.

Nora Mulready worries people might struggle to get back into the country and retain their working rights if they have not applied for settled status before November, even if they have lived in the UK for years.



A Home Office spokesperson said it was ‘categorically untrue’ that EU nationals living in the UK would lose their right to work if they hadn’t applied by Halloween.


The government’s current guidelines advise EU citizens to apply for their right to remain by December 2020 if the UK leaves with no deal.

But Ms Mulready has accused them of misleading the public after she was reportedly told anyone who didn’t apply before October 31 this year would not have their work and residency rights guaranteed.

She shared details of her conversation with a scheme adviser on Twitter, sparking fury from social media users calling for Home Secretary Priti Patel to resign.

Spoke to #EUSettlementScheme today. Asked what would happen to EU citizens who'd not applied by 31st Oct, if there was no deal & end to FOM. Remember, gov advice is, if No Deal, EU citz have until Dec 2020 to apply. Was told "their rights could not be guaranteed" on 1st Nov. — Nora Mulready (@NoraMulready) August 19, 2019

Was told EU Settlement helpline had many calls from employers asking if it was legal to sack someone for being EU citizen. They advised it would now be illegal, but after 31st Oct, if No Deal & end of FOM, it would be legal to sack an EU citizen if they've not applied to scheme. — Nora Mulready (@NoraMulready) August 19, 2019

Was told all EU citizens should try to apply by 31st October as, if FOM is ended, they'll find themselves in difficulty. Currently just over 1 million of the 3.5million EU citizens have applied. That's 2.5million EU citizens who could become illegal if we NoDeal in 9 weeks time. — Nora Mulready (@NoraMulready) August 19, 2019

On Sunday, a report revealed Patel is determined for border restrictions to be imposed immediately on October 31, even without a replacement system.

Ms Mulready, who runs a welfare rights charity, said she rang the EU Settlement Scheme hotline for information to help a friend from the EU who was confused about their post-Brexit rights.

She says a member of staff advised that while EU citizens have until December 2020 to apply for settled status in theory, in reality he’d recommend applying before October 31, when freedom of movement is set to end.

She told Metro.co.uk: ‘What I have been told is that although the official guidance is to apply before December 2020, the reality of the policy is that things could be difficult for EU citizens who have not applied for the settlement scheme before Brexit.

‘For example if you are out of the country when freedom of movement ends and you have not applied for the settlement scheme, how do you prove you are entitled to come back?

‘If you have not applied to the scheme, you have no proof you are any different than someone trying to come to the country after freedom of movement ends.’

Home Secretary Priti Patel wants to end freedom of movement for EU citizens on day one of Brexit, (Picture: PA)

But Ms Mulready’s claims were strongly refuted by the Home Office, who said ‘misinformation’ on social media was fuelling anxieties of EU residents living in the UK.

A spokesperson told Metro.co.uk: ‘EU citizens and their families still have until at least December 2020 to apply to the EU Settlement Scheme and one million people have already been granted status.



‘Freedom of movement as it currently stands will end on 31 October when the UK leaves the EU, and after Brexit the Government will introduce a new, fairer immigration system that prioritises skills and what people can contribute to the UK, rather than where they come from.’

They said the Home Office would be setting out arrangements for how EU citizens living in the UK will be able to prove their right to travel to and from the country in due course.

What is the EU Settlement Scheme? The EU Settlement Scheme is a free Scheme enabling EEA and Swiss citizens residing in the UK, and their family members, to obtain status to live and work in the UK after June 30, 2021 (or after December 31, 2020 in the case of a no-deal Brexit). To apply for status EU nationals who have moved to the UK before October 31 2019 must prove their identity, show that they live in the UK, and declare any criminal convictions. The Home Office say deal or no deal, EU citizens will have until at least December 31 2020 to apply

The spokesperson stressed no one eligible for settlement status will be barred from re-entering the UK if they are out of the country when free movement ends.

The department has launched a £4 million marketing campaign to encourage EU citizens to apply for settled status before December 2020.

They insist any EU citizen living in the UK before the country’s departure at 11pm on October 31 will be eligible for status.

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