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Steps for Employers To Take Post-Brexit

  • Existing EU workers will probably be accommodated one way or another, particularly those that hold permanent residence status in the UK.
  • EU workers are therefore advised to undertake the following steps:
  1. If less than 5 years continuous residence in the UK – consider applying for a registration certificate.  This will then make the process of applying for PR more efficient (see: https://www.gov.uk/government/publications/apply-for-a-registration-certificate-as-a-qualified-person-form-eea-qp) bearing in mind that many EU workers who don’t currently qualify for PR will likely qualify by the time any change to the status of EU nationals becomes effective;
  2. If 5 or more years continuous residence in the UK – consider applying for permanent residence.  Application form and details can be found at   (see: https://www.gov.uk/government/publications/apply-for-a-document-certifying-permanent-residence-or-permanent-residence-card-form-eea-pr). Key for these applications will be producing evidence that the individual (and their family members) have lived and worked in the UK for 5 continuous years.
  3. If 6 or more years continuous residence – consider applying to naturalise as British.  If you have lived and worked in the UK for a continuous period of 6 or more years and wish to consider naturalising as British, you first need to apply for a permanent residence card as set out above, and then when that is granted, you can apply to naturalise (see: https://www.gov.uk/government/publications/application-to-naturalise-as-a-british-citizen-form-an).  Individuals should consider the impact on their current EU nationality and also consider their tax position as well if they are not currently residence for UK tax purposes.

All EU nationals irrespective of whether they opt / qualify for any options above, should ensure they have ordered records to prove they are living and working in the UK.  Individuals should ensure they have original council tax records/ utility bills / bank statements for each year they have been in the UK, as well as compile (and maintain going forward) a travel diary to show each time they leave and enter the UK.

Please note there is a requirement for self-employed and self-funded EU nationals residing in the UK to have comprehensive health insurance, and the following link has all of the relevant details. This also includes those who may not have been employed continually over the period they have been in the UK and / or who were students for a period of time.

https://www.freemovement.org.uk/comprehensive-sickness-insurance-what-is-it-and-who-needs-it/?utm_source=FM+master+list&utm_campaign=df20dc815b-RSS_EMAIL_CAMPAIGN_DAILY&utm_medium=email&utm_term=0_792133aa40-df20dc815b-105098569&mc_cid=df20dc815b&mc_eid=879160f617

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