Brexit Preparedness Statement

The decision made by the United Kingdom to leave the European Union, or ‘Brexit’ as it has become known, means that like other businesses operating in the UK, Allen Lane is preparing for the changes that are likely to impact a business like ours. 

In order to ensure that our business is suitably prepared, we are following the latest guidance issued by the Home Office and UK Government to ensure the best outcome for our company, the clients we work with and the candidates we represent, as the transition from the EU takes place.

We are also in the process of preparing a Brexit Readiness Assessment that will specifically highlight the areas of our business that are likely to be impacted by the regulatory and legislative changes, specifically in relation to immigration, employment and data protection & policy in the event of a ‘No deal’ departure from the EU.

Whilst the UK officially left the EU on 31 January 2020, we have now entered a period of transition which will last until 31 December 2020, whilst the UK and EU agree their future relationship. During this period very little will change as the UK continues to observe EU legislation.

Please see below the guidance we have prepared for EU citizens that are currently working in the UK and are likely to be impacted by Brexit.

What do I need to do to remain in the UK?

The government launched a Settlement Scheme for EU citizens as outlined below.

EU citizens who were already in the UK before 31 January 2020 (the date the UK left the EU) and wish to remain must complete their Settled Status (or pre-Settled Status) application by 30 June 2021.

How do I apply for settled / pre-settled status? 

  • Identity check – you will need proof of identity, e.g. a passport.
  • UK residence check – you will need proof that you live in the UK, this is likely to be done automatically using your employment and benefits records.
  • Criminal records check – the government will check to make sure there are no serious criminal convictions.
  • Settled or pre-settled status granted – once you have successfully completed the checks, you will be granted either “settled” or “pre-settled” status depending on how long you have resided in the UK. Settled status will only be provided for those who have resided in the UK for 5 years or more. Otherwise you will be given pre-settled status, which allows you to stay in the UK for a further 5 years. When you reach 5 years, you will be able to apply for full settled status and there will be no charge for this.

When does the scheme open and how do I apply?

The EU Settlement Scheme is now open. The deadline for applying will be 30 June 2021.

You can apply using any device, for example, a laptop, Android device or iPhone.

To apply you will need:

  • an email address
  • proof of identity (your current passport or biometric residence card)
  • proof of continuous UK residence (To be eligible for settled status, you usually need to have lived in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period for 5 years in a row. You need to provide proof of this when you apply)

What is the impact on EU citizens and family members arriving after Brexit?

Once free movement has ended, EU citizens and their family members arriving in the UK will be admitted under UK immigration rules and will require permission (leave to enter or remain). Unlike EU free movement, this will not be a rights-based system so those who do not hold valid immigration permission to be in the UK will be here unlawfully and may be liable to enforcement action. This is a crucial difference between UK immigration law and EU free movement law, which does not require permission from the Home Office for a person to be here lawfully.

I already have permanent residency, will anything change for me?

EU citizens and their family members already resident in the UK are able to stay living and working in the UK.

I already have indefinite leave to remain, will anything change for me?

If you have indefinite leave to remain you can continue to live and work in the UK without applying for settled status.

You can choose to exchange your indefinite leave to remain for settled status, which will allow you to spend 5 years outside the UK rather than 2 years (although this is still being approved by the government).

If I don’t get settled or pre-settled status will I have to leave the UK?

If you haven’t applied for settled or pre-settled status by 30 June 2021 you will be unable to remain in the UK. Unless you have indefinite leave to remain.

More information can be found on the UK government’s website:

https://www.gov.uk/settled-status-eu-citizens-families

Allen Lane continues to monitor the guidance issued by the relevant authorities and any relevant regulatory changes that are likely to impact the organisations and individuals we work with will be updated and published accordingly.