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Brexit, Immigration and Securing your Migrant Staff

Understand the complexities of the post-Brexit immigration system, including the EU Settlement Scheme, sponsoring non-EU workers, securing permanent residence, and complying with immigration regulations. Get expert advice from Louis MacWilliam.

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Brexit, Immigration and Securing your Migrant Staff

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  1. Brexit, Immigration and Securing your Migrant Staff Louis MacWilliam

  2. Two very different immigration systems Non-EU (permission) EU (rights) “These provisions have now achieved a degree of complexity which even the Byzantine Emperors would have envied (Jackson LJ)”

  3. EU (rights) Must be a qualified person Permanent residence after 5 years Family members derive a right

  4. Recruiting non-EU workers Costs Tier 2 sponsorship Non-EU (permission) Generally degree level or above Min salary £30k Resident labour market test

  5. Looking forward…The EU Settlement Scheme • Mandatory scheme- Now open- Deadline to register is 30 June 2021 (or 31 Dec 2020) • For EU nationals and non-EU family members • Register as ‘settled’ or ‘pre-settled’

  6. The EU Settlement Scheme – ‘Deal’ The Transition Period Arrive between these dates to qualify Must register between these dates

  7. The EU Settlement Scheme – ‘No-Deal’ Arrive between these dates to qualify no transition – but European Temporary Leave to Remain Must register between these dates

  8. How to secure status • British citizenship for adults (naturalisation) • Permanent residence doc before UK leaves? • Comply with EU Settlement Scheme

  9. Case study 1: Marta & Paul Marta is Polish Married to Paul, a USA citizen Both lived here since Jan 2012 Marta has worked continuously Never applied for EU documentation Want to live here long-term

  10. Case study 2: Axel • Axel has lived here for 5 years – but unemployed for first 2 years and worked past 3 years Axel is Austrian Austria does not allow dual nationality Axel has lived and worked here for 7 years

  11. Post-2020 Position For All Migrants Sponsoring under Tier 2 Costs No preferential treatment for EU nationals Generally degree level or above Min salary (£30k?) Resident labour market test

  12. Right to workThe Hostile Environment The Compliant Environment Various sanctions and damage Carry out checks correctly to get statutory excuse Permanent statutory excuse/temporary excuse Civil Penalty Notice

  13. What you can do now Consider options Reassure Review

  14. Contact details Email: LMacWilliam@LawBlacks.com Tel: 0113 322 2842 Mob: 07720 593913

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