CIPP Payroll: need to know 2018-2019

EU Exit - Brexit

EU Settlement Scheme process for EU citizens post Brexit 3 October 2018

If EU citizens want to stay in the UK beyond 31 December 2020, they and their close family members will need to apply to the EU Settlement Scheme.

Although there is no legal obligation for employers to communicate the EU Settlement Scheme to their employees, you may wish to signpost the information that the Government is providing.

It is also important for employers to know what the EU Settlement Scheme means for you:

• You have a duty not to discriminate against EU citizens in light of the UK’s decision to leave the EU as both a prospective and current employer. • Current ‘right to work’ checks (e.g. EU passport and/or national ID card) apply until the end of 2020. There will be no change to the rights and status of EU citizens living in the UK until 2021. • You are not expected to pay/support the cost of the EU Settlement Scheme application for your EU citizen employees. You are welcome to do so at your discretion. • You do not have to interpret information provided by the Government and you must be careful not to provide immigration advice.

The Scheme is being phased in and will gradually open more widely until it is fully open by the end of March 2019.

Employers, industry groups and community groups in the UK will be able to give EU citizens practical advice on how to apply for settled status with the help of a toolkit published by the Home Office. This guidance is being updated as and when required.

You can also sign up, and/or encourage your employees to sign up, for email alerts on the status of EU citizens in the UK and encourage employees to visit the campaign page to learn more about their EU citizens rights.

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EU Settlement Scheme update 10 December 2018

The Secretary of State for Exiting the European Union has set out information for EU citizens and their family members in the UK in the event of a no deal exit from the EU.

Although there is no legal obligation for employers to communicate the EU Settlement Scheme to their employees, you may wish to signpost the information that the Government is providing.

The UK Government:

• Confirms that if there is no deal, the EU Settlement Scheme will continue to be implemented, enabling EU citizens and their family members living in the UK by 29 March 2019 to secure their status and continue to be able to work, study, and access benefits and services in the UK on the same basis after we exit the EU as they do now. The scheme will be fully open by 30 March 2019 as planned. • Confirms that the Home Office will continue to look to grant status rather than refuse and in line with the UK commitment to be more generous in certain respects than the draft Withdrawal Agreement, a person will not be refused status under the EU Settlement Scheme because, for example, they are not economically active or they do not hold comprehensive sickness insurance.

The Chartered Institute of Payroll Professionals

Payroll: need to know

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