SCDI Immigration and Workforce Issues - 29 October 2019 Blair Melville
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29 October 2019 SCDI Immigration and Workforce Issues Blair Melville
Introduction
EU Non-EU Beyond
nationals Nationals Brexit –
what do you
need to
know
31 October 2019 © Shepherd and Wedderburn, 2019 2
EU nationals
have a RIGHT
to work
31 October 2019 © Shepherd and Wedderburn, 2019 3
Free Movement rights
• EU nationals and their families Who is a qualified person?
have an initial right of entry 3
• Job seeker (3 months above plus 91
months
days)
• Thereafter automatic right to reside
if exercising Treaty Rights as a • Worker
“qualified person” • Self-employed person
• Student with Comprehensive Sickness
Insurance (CSI) OR
• Self-sufficient person with
Comprehensive Sickness Insurance
(CSI)
31 October 2019 © Shepherd and Wedderburn, 2019 4
Free Movement – Facts and Figures
• The number of EU nationals working
in Scotland has decreased since
2017 from 153,000 to 141,000 in
2018
• In 2018, 5.4% of EU nationals made
up Scotland’s workforce
Source: Annual Population Survey 2018
http://www.gov.scot/Topics/Statistics/Browse/Labour-Market/Publications-Topical
31 October 2019 © Shepherd and Wedderburn, 2019 5
Sector and Nationality -Free Movement Statistics
Source: Annual Population Survey 2018
http://www.gov.scot/Topics/Statistics/Browse/Labour-Market/Publications-Topical
31 October 2019 © Shepherd and Wedderburn, 2019 6
Brexit changes
for EU staff
31 October 2019 © Shepherd and Wedderburn, 2019 7
Your current EU Staff: Mandatory
Registration Process
• Applies to all EU nationals
resident in the UK prior to
Brexit day.
• Grant of status based on
residence only.
For all EU nationals
• Except Irish Nationals
• Those hold dual British
citizenship
31 October 2019 © Shepherd and Wedderburn, 2019 8
EU Settlement Scheme deadlines
DEAL NO DEAL
Deadline to apply 30 June 2021 31 December
2020
Cut off to be 31 December 31st January 2020
resident 2020
End of free 31 December ?
movement 2020
31 October 2019 © Shepherd and Wedderburn, 2019 9
EU settled status
• Identity part of process
• EU Exit: ID Document Check
• Available Android Phone OR iPhone
8 or above
• Over 2 million EU nationals have
applied
• Estimated 3.6 million
• Granted either settled or pre-settled
status depending on residence
• Mostly straightforward
31 October 2019 © Shepherd and Wedderburn, 2019 10Settled Status • Indefinite leave to remain • Hard to lose (5 years consecutive absence OR serious criminality) • Can apply for British Citizenship • Same rights to live and work in the UK as British citizens (other than voting) Pre-Settled Status: • Limited leave to remain • Can be lost if you travel outside of the UK for extended periods • Must re-apply for settled status after 5 years 31 October 2019 © Shepherd and Wedderburn, 2019 11
Is it only EU nationals who are impacted by Brexit changes?
Rules changing for Turkish Business
Persons
• An end to the agreement which allowed
Turkish nationals to enter the UK and
establish themselves.
• Could we see an end to the Turkish Kebab
shops and barbers and all of the other Turkish
businesses which have opened in Dumfries
over the 30 years?
• Route due to end 31 December 2020
31 October 2019 © Shepherd and Wedderburn, 2019 13EU Nationals
and family
members who
arrive after
Brexit?
31 October 2019 © Shepherd and Wedderburn, 2019 14European temporary leave to remain (Euro TLR)
Online process EU nationals can Grant of 36 months Can count towards
Free apply until 31 Dec from date of issue qualifying period for
2020 settlement
Digital status
31 October 2019 © Shepherd and Wedderburn, 2019 15How does Brexit impact RTW checks for Non EU Nationals
• A valid EU passport before 1st January 2021 – permanent defence to a
civil penalty -no requirement to carry out a further check
• So, no risk of Civil Penalty as have a statutory defence
• However? – Risk of a Criminal Penalty
• Where an employer “knows or has reasonable cause to believe that he or
she is disqualified from working because of his or her immigration status”
• Case-study Christian and his social media campaign
31 October 2019 © Shepherd and Wedderburn, 2019 16Impact of these changes
• Numbers likely to decline?
• EU nationals will be concerned about an
uncertain future in the UK
• Employers will have to look to domestic
immigration law to employ non EU
workforce
31 October 2019 © Shepherd and Wedderburn, 2019 17Planning for the
Future?
31 October 2019 © Shepherd and Wedderburn, 2019 18Risk of EU
migration
reducing further
before
immigration
reform
31 October 2019 © Shepherd and Wedderburn, 2019 19UK domestic
immigration
law- non EU
nationals
31 October 2019 © Shepherd and Wedderburn, 2019 20Curent Framework
Non Sponsored staff Sponsored staff
• Holders of indefinite • Tier 2 (General)
leave to remain • Tier 2 (Intra Company
• Partners Transfer)
Visa/Dependants of PBS • Tier 5 (Temporary
• Family Members of EU Workers)
nationals
• Ancestry visa and
refugees
• Students with restricted
work rights
31 October 2019 © Shepherd and Wedderburn, 2019 21Barriers to Sponsorship
Skills
Who can includes: Who can’t includes:
• Veterinarians • Laboratory technicians
• Food inspector • Butchers
• Marketing directors • Slaughter man
• Purchasing managers • Bakers
• Farm manager
• Nursery manager
31 October 2019 © Shepherd and Wedderburn, 2019 22Salary level barriers
MUST ALSO MEET
• Minimum salary
– £20,800 if under 26 or post study work
– £30,000 in all other cases
AND
Appropriate Salary rate – in Appendix J to the
Immigration Rules
AND
Settlement Salary thresholds- employee
starting today £40,100.
31 October 2019 © Shepherd and Wedderburn, 2019 23The Cost of Sponsorship Employer costs: £536.00/£1476 Licence fee (every 4 years) £199.00 Assigning a CoS (per worker) £364.00/£1000 Immigration skills charge (Per worker per year) Employee costs: £610.00/£1220.00 Tier 2 Visa fee (3 YEARS) £400.00 Immigration Health Surcharge (per year) As well as the costs for any dependant partner or children 31 October 2019 © Shepherd and Wedderburn, 2019 24
Sponsor Duties
Co-
Record operating
Reporting
Keeping with the
Home Office
Genuine Complying
Vacancy with the law
31 October 2019 © Shepherd and Wedderburn, 2019 25Looking after your licence
• Getting the licence can be relatively
straightforward however this is a “fragile gift”
• Complying with the guidance and the duties can
lead to challenges for employers
• Consequences of getting it wrong for current and
future workforce.
• Risk of civil penalties - £15K per worker
• Loss of licence/end of employment
• Not all sponsors are treated equally
• Administratively burdensome
31 October 2019 © Shepherd and Wedderburn, 2019 26Consider
Sponsor
licence?
31 October 2019 © Shepherd and Wedderburn, 2019 27Previously… • Extend Sponsorship system Make Sponsorship easier by: • Abolishing Resident Labour Market Test • Abolishing Cap • Lowering skill threshold • Minimum salary threshold? Employers unhappy: • Complex and time-consuming • Costly 31 October 2019 © Shepherd and Wedderburn, 2019 28
Will the May
Government’s
plans be
followed?
31 October 2019 © Shepherd and Wedderburn, 2019 29Beyond Brexit- Immigration Reform-
Queen’s Speech announcements
“An immigration bill, ending free
movement, will lay the foundation for a fair,
modern and global immigration system. My
Government remains committed to ensuring that
resident European citizens, who have built their
lives in, and contributed so much to, the United
Kingdom, have the right to remain. The bill will
include measures that reinforce this
commitment.”
31 October 2019 © Shepherd and Wedderburn, 2019 30What else will be in a future Immigration Bill??
• Power to align the treatment of EU citizens arriving after January 2021 with
non- EU citizens
• Clarification of status of Irish citizens in the UK once free movement has
ended
• Confirming deadline for applications made under the EU Settlement
Scheme
• Right of appeal to EU citizens and family members who apply under the EU
Settlement Scheme
• Paving the way for a new Points-Based system
31 October 2019 © Shepherd and Wedderburn, 2019 31Leaks of the new system
• New PBS
• Points awarded for:
– Education
– Salary Level
– Skills
– Willingness to work away from South
East
• Looks very likely the old Tier 1 (General)
31 October 2019 © Shepherd and Wedderburn, 2019 32Focus on what is clear
What steps
can
employers Communicate
take?
Map out who is affected
Check-in with those affected
Engage with trade bodies and SCDI
31 October 2019 © Shepherd and Wedderburn, 2019 33Questions 31 October 2019 © Shepherd and Wedderburn, 2019 34
Blair Melville
Solicitor, Immigration
T +44(0)141 566 8518
M +44(0)7966 155 111
E blair.melville@shepwedd.com
shepwedd.com
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31 October
© Shepherd
2019Regulation
Solicitors and Wedderburn, 2019 447895). This material is for general information only and does not constitute legal advice. Professional advice appropriate to a specific situation should always be sought. For
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