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Document updated/added on 08.07.2019

Topic: Personnel management

EU Settlement Scheme reminder letter
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EU Settlement Scheme reminder letter

EU Settlement Scheme reminder letter

EU, EEA and Swiss nationals need to apply for either settled or pre-settled status under the EU Settlement Scheme if they wish to remain in the UK post-Brexit. Use our letter to remind them to do this.

Scheme summary

The EU Settlement Scheme is open for applications from EU, EEA and Swiss nationals living in the UK, and their non-EU family members. Importantly, it applies whether there’s a Brexit deal or not. Those who’ve been continuously resident in the UK for five years or more can apply for settled status, and those who’ve been resident here for less than five years can apply for pre-settled status. The latter can then be changed to settled status once the person has five years’ residence. Irish nationals don’t need to apply and neither do those with indefinite leave to remain, but they can if they want to.To be eligible under the scheme, the person must have started living in the UK either by 31 December 2020 if there’s a Brexit deal, or by the date the UK leaves the EU if there’s no deal. Settled status will allow the person to live, work and study in the UK indefinitely.

Application process

The free online application process requires the applicant to prove their identity and their UK residence and declare any criminal convictions. Only serious or persistent criminality will affect the application. Identity can be proved using the EU Exit: ID Document Check app. This is currently only available on Android devices which have near-field communication (NFC), but will be extended to Apple devices by the end of 2019. Those without access to an NFC Android device can either make an appointment to attend one of over 30 UK-wide document scanning service locations, or they can post their identity document to the Home Office. Proof of UK residence will be automatic in most cases as tax and benefit records will be checked. EU, EEA and Swiss nationals have until 30 June 2021 to apply under the scheme if there’s a Brexit deal, or until 31 December 2020 if there’s no deal. In most cases, settled or pre-settled status will be granted within a couple of weeks and digital proof will be provided through an online service.

Employer toolkit

The government has produced a free employer toolkit to help you raise awareness of the scheme amongst your affected workers: https://www.gov.uk/government/publications/eu-settlement-scheme-employer-toolkit. The toolkit includes leaflets, fact sheets and flowcharts that you can download and circulate to your staff. Our EU Settlement Scheme Reminder Letter is therefore intended to simply highlight the scheme and then you can attach the government’s documents for further details. Although there’s no legal obligation on you to communicate details of the scheme to staff, it’s definitely worth your signposting the information that the government is providing.

Further implications for employers

It’s the individual’s responsibility to make an application to the scheme. There’s no requirement for your workers to inform you that they’ve applied, or the outcome of their application. Likewise, you’re not required to check that a worker has applied. Current right to work checks apply until at least the end of 2020.

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