EU Settlement Scheme: What you need to know

The government has updated the EU settlement scheme rules, so you’re probably wondering what do you need to know? 

As you will no doubt be aware, EU citizens and their family members (including non-EU citizens) need to apply to the EU Settlement Scheme to continue to live, work and study in the UK. The deadline for applications is 30th June 2021. You’ll need to supply proof of identity, such as a passport.

We know that you may wish to assist your employees with this, and as such, we would like to offer a reminder of the below in terms of your obligations: 

 There is no legal obligation for you to communicate the EU Settlement Scheme. However, you may wish to direct employees to the information that the government is providing (EU Settlement Applications) and you may wish to access the Employer Toolkit (EU Settlement Scheme – Employer Toolkit). 

It is the responsibility of the individual to make an application to the EU Settlement Scheme. There is no requirement for the individual to inform you, as their employer, that they have applied or the outcome of their application. Likewise, you should not check that an employee has applied. 

You have a duty not to discriminate against EU citizens in light of the UK’s decision to leave the EU as both a prospective and current employer. You cannot make an offer of employment, or continued employment, dependent on an individual having made an application.

You should not interpret information on the EU Settlement Scheme provided by the government and you must be careful not to provide immigration advice for your employees, unless you are qualified to do so.

Should you need to discuss any HR issues surrounding the EU Settlement Scheme, please get in touch