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Hiring EU and UK citizens after Brexit

Feeling unsure about who you’ll be able to hire after Brexit and what it will entail? If the UK leaves the European Union (EU) with a deal, the indications are that the rights of EU citizens to work in the UK will be preserved until 2023 and vice versa. But if the UK leaves the EU without a deal, things could be a little more complicated. To help you out, we’ve pulled together a quick summary of the available information as it currently stands.
14 Oct 19

Hiring EU and UK citizens post-Brexit if the UK leaves without a deal

If a UK school wants to hire an EU, EEA or Swiss citizen already residing in the UK

The teacher will be able to work for them as they do now until 31 December 2020. To continue working for them from 1 January 2021 they will need to apply to the EU Settlement Scheme for settled or pre-settled status by 31 December 2020. There’s no charge to apply to the EU Settlement Scheme.

Those who receive settled status will be able to work, study and access benefits and services on the same basis as they do now.

To obtain settled status, EU, EEA and Swiss citizens and their family members will generally need to have lived continuously in the UK for five years. Those with less than five years’ residence will be granted pre-settled status until they accumulate their five years. They can then apply for settled status (again, without paying a fee).

You can read more about the EU Settlement Scheme here.

If a UK school wants to hire an EU, EEA or Swiss citizen coming into the UK after exit day

The teacher will be able to work for them as they do now until 31 December 2020. To continue working for them from 1 January 2021 they will need to apply for European Temporary Leave to Remain by 31 December 2020. This application will be free of charge and if successful, they will receive a temporary immigration status that will allow them to stay in the UK for three years.

You can read more about European temporary leave to remain here.

Irish citizens, and those with indefinite leave to enter the UK or indefinite leave to remain in the UK will be able to continue living and working in the UK as they do now after 31 December 2020, and do not need to apply to the EU Settlement Scheme or for European temporary leave to remain.

If a school in an EU state wants to hire a UK citizen who already lives in that state

They should consult the Living in country guides published by the UK government telling them what the UK citizen has to do. This varies from state to state.

If a school in an EU state wants to hire a UK citizen to come into that state after exit day

Conditions will vary from state to state and they should consult their government’s guidance – there will be no overarching framework that will apply to UK teachers looking for work in the EU. UK citizens may need to provide additional supporting documentation and meet specific work permit or visa requirements. Recognition of their professional qualifications will be assessed under the rules of each individual state, and they will no longer be able to provide services based on a temporary and occasional declaration.

Some advice on travel and health

Travel

The UK government recommends that six months are left on your passport on the date of your arrival in an EU country.

Health

British citizens are currently entitled to a European Health Insurance Card (EHIC), which allows any EU citizen to access state medical care when they’re travelling in another EU country. However, UK-registered EHICs will no longer be valid in the event of a no-deal Brexit.

Whilst the government is taking steps to protect healthcare access for UK nationals living in the EU after 31 October, these new measures don’t apply to anyone travelling to Europe on holiday after exit day.

There has been news that EHIC arrangements will continue in Spain after the UK leaves the EU and the country passed legislation to guarantee continued healthcare access to British residents and tourists after Brexit, as long as certain reciprocal conditions for its own citizens are met. The details of EHIC access in other EU countries is unlikely to be known until after exit day.

More information

The government published its No Deal Readiness Report on Tuesday 8 October. It sets out in detail the government’s plans to handle a ‘no deal’ scenario.

The government has produced detailed Brexit guidance for British people who are living in EU and European Free Trade Area (EFTA) countries.

There are also country by country guides for UK citizens living in the EU.

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