Brexit and working at Middlesex FAQ

FAQs for EEA and Swiss citizens

• How do EEA/Swiss nationals and their eligible family members apply to the EU Settlement Scheme?

  Most EEA/Swiss nationals and eligible non UK/EEA family members will need to apply for Settled (or Pre-Settled) Status via the EU Settlement Scheme to continue living in the UK after 30 June 2021. Individuals will need to have started living in the UK by 31 December 2020. The deadline for applications is the 30 June 2021.

  Applicants should only need to provide one document evidencing their residence in the UK, dated in the last 6 months to be granted pre-settled status. Further information: EU Settlement Scheme: evidence of UK residence

  NOTE:

  1. Applications must be made by both EEA/Swiss nationals and their non UK/EEA family members, even where they have a registration certificate or permanent residence document.
  2. If you’re an EU, EEA or Swiss citizen who moved to the UK before it joined the EU on 1 January 1973 you may have been given ILR automatically and will not need to apply to the EU Settlement Scheme to stay in the UK after June 2021. If you do not have a document confirming your ILR status, you can either:

  • apply to the EU Settlement Scheme to get settled or pre-settled status
  • apply to the Windrush scheme to get proof of your ILR status (if you’re from Malta or Cyprus, you could also apply for British citizenship through the Windrush scheme).

  The EU Settlement Scheme and the Windrush scheme are free for all applicants.

• Does the University need to ensure that its current staff who are EEA/Swiss citizens have applied for and been granted settled or pre-settled status through the EU Settlement Scheme, before 31 December 2020?

  No. It is the responsibility of the individual to make an application to the EU Settlement Scheme, if they choose. There is no requirement for the employer to carry out further RTW checks on staff employed up to 31 December 2020, who will retain a statutory excuse to work from RTW checks previously taken.

• I have obtained settled or pre-settled status through the EU Settlement Scheme, do I have to tell the university?

  Whilst there is no requirement for you to share information about your application or outcome, staff are welcomed and able to update their records by following the procedure listed below.

  1. Prove your right to work to an employer is on the Home Office website where you will be taken through some questions in order to generate a share code.
  2. Email the share code to a Designated Person from your Faculty or Service or alternatively to HRSS@mdx.ac.uk.
  3. The Designated Person will use the share code to conduct an online check on your settlement status and will conduct a video link meeting with you to complete the check.
  4. Your records will then be updated on your HR file.

• What right to work checks do I need to do for new starters (including student workers) from the EU who will start with the University from now until 31 December 2020?

  Current government guidance states that right to work check requirements for EEA/Swiss nationals will remain unchanged until at least until 30 June 2021.

  Until this time you can continue to accept:

  • their valid passport or national identity card if they are an EU, EEA or Swiss citizen
  • their valid biometric residence card if they are a non-EU, EEA or Swiss citizen family member
  • their status under the EU Settlement Scheme  as those with a valid, current Biometric Residence Permit, Biometric Residence Card or status granted under the EU Settlement Scheme can also prove their right to work to an employer using the Home Office online service

• What right to work checks do I need to do for new starters (including student workers) from the EU commencing from 1 January 2021 onwards?

  Current Government guidance states that right to work check requirements for EEA/Swiss nationals remains unchanged until 30 June 21. Employers have a duty not to discriminate against EU, EEA or Swiss citizens meaning that we cannot require them to show us their status under the EU Settlement Scheme until after 30 June 2021.

  Irish citizens will continue to prove their right to work in the UK as they do now.

  When employing an EEA/Swiss citizen after 1January 2021 (and before 1 July 2021), it may be clear from their application form whether or not they were living in the UK by 31 December 2020; if this is not clear, recruiting managers are able to ask the candidate if they were living in the UK by 31 December 2020 to enable them to determine if visa to work in the UK will be required.

  A new immigration system will apply to any EEA/Swiss citizen arriving in the UK on or after 1 January 2021 meaning that they will need a visa to work legally in the UK if they have not obtained settlement through the EU Settlement Scheme. It is currently unclear what, if any, further checks employers will be expected to conduct when employing new starters between 1 January and 30 June 2021 (inclusive).

• How will the UK’s new points-based immigration system operate?

  A new Immigration 'Points Based System' (New immigration system: what you need to know - GOV.UK) comes into force in the UK on 1 December 2020, (opening to EU citizens from 1 January 2021), it will enable non UK applicants to apply and be appointed for roles, subject to the eligibility criteria being met through a number of different immigration routes. More information can be found at: Check if you need a UK visa - GOV.UK

  The points-based system for the skilled worker immigration route (previously known as Tier 2 General) will provide simple, effective and flexible arrangements for UK employers to recruit skilled workers from around the world. This will continue to be managed via the recruitment process and certificates of sponsorship will be managed via the HR team. Applicants will require the following:

  • a job offer from a Home Office licensed sponsor (a Resident Labour Market Test will no longer be required)
  • the job offer is at the required skill level – RQF 3 or above (A Level and equivalent)
  • be able to speak English to the required standard

  In addition to this, the job offer must meet the applicable minimum salary threshold. This is the higher of either:

  • the general salary threshold set by Her Majesty’s Government on advice of the independent Migration Advisory Committee at £25,600, or
  • the specific salary requirement for their occupation, known as the “going rate”

  All applicants will be able to trade points via characteristics, such as their qualifications, against a lower salary to get the required number of points to be sponsored i.e. if the job offered has a salary that is less than the minimum salary requirement for the role (but no less than £20,480 per annum), the applicant may still be eligible if they:

  • have a job offer in a specific shortage occupation
  • have a PhD relevant to the job
  • have a PhD in a STEM subject
  • are a new entrant

  NOTE: Employers’ will have a duty to consider all job applicants equally and cannot choose not to appoint someone simply because they are non-British/non-Irish due to associated costs such as the Certificate of Sponsorship and the Immigration Skills Charge (where relevant).

• What is the Global Talent route?

  The Global Talent immigration route (previously known as Tier – Exceptional talent) has been extended and is available for people aged 18 or over who are not UK/Irish citizens who can show they have exceptional talent or exceptional promise in the fields of science, engineering, medicine, humanities, digital technology or arts & culture.

  Overseas applicants, or individuals currently in the country on a Tier 2 visa or other could choose this route to enter the country or to continue working in the country Apply for the Global Talent visa : Switch to this visa - GOV.UK without being sponsored by the University. It is an applicant driven process with different options for application, and it provides the individual with greater flexibility of movement, as well as a portable visa. The HR team can provide a statement of guarantee for applicants who choose the fast track academic/research or endorsed funder options.

  The academic/research option  can be used when an individual has been offered and accepted a position to an academic or research position, whereby the interview panel included at least three academics from the university, including one relevant expert; or if this did not occur at least one relevant expert, independent of the University, was consulted before the job offer was made. In addition at least two references should have been received.

  The endorsed funder option can be used for an individual who is working on a research grant or award from a funder approved by UK Research and Innovation (UKRI); the individual must be named on the research grant application, or they must have their job title on the research application and be able to show that they were recruited in a fair process.

  Further information about the global talent routes can be found at GOV.UK's global talent webpage.

• What happens to Tier 4 students who need to work?

  The Student route replaces the Tier 4 immigration route- the points based new student route opened up to EU, EEA and Swiss citizens on 5 October 2020 with the new child student route, there is little change in regard to their employment eligibility during their studies. The 20 hours weekly maximum limit during term-time still exists (although this is a max of 16 hours per week within the University).

• When does the post study equivalent route commence?

  Students that successfully complete a degree at undergraduate level or above in the UK, will be able to apply for a Graduate visa (via the Graduate route) this will enable them to stay and work or look for work for a maximum period of 2 years (3 years for PhD students) after completing their studies. This graduate route will open in summer 2021 to international students who have completed a course at a higher education provider, with a track record of compliance with the UK Government’s immigration requirements. Graduates will also be able to move into different visa routes if they have a suitable job offer from a sponsor and can meet the requirements of the route.

• What is the difference between the new Skilled Worker Route and the old Tier 2 route?

  The new Skilled Worker Visa route is broadly the same as the Tier 2 visa route, with some notable changes:

  • The minimum skill level for roles eligible for sponsorship has been expanded from RQF level 6 (equivalent to Batchelor’s Degrees with honours) to RQF level 3 (A-Level or equivalent).
  • The Resident Labour Market Test, and the selection rules around this, will no longer be applicable. There is no longer a requirement to advertise roles for 28 days, adverts no longer need to be copied and retained in a specified way, and the details of the unsuccessful applicants no longer need to be kept indefinitely.
  • The minimum salary threshold of £30,000 will be removed and replaced with minimum ‘general’ salary threshold of £25,600.
  • Salaries paid below £25,600 amount can still be considered for sponsorship if the circumstances of the recruitment meet certain characteristics.
  • The Skilled Worker Visa remains a sponsored route, and as such, individuals holding either Tier 2 or a Skilled Worker Visa remain subject to the University’s sponsor licence duties
  • There are tradeable points under the new skilled worker route.
  • There will be no limit on the number of years a person can stay under the skilled worker route
  • There is no cooling off period under the new route

• What happens to EEA/Swiss employees or self-employed individuals working for the University in the UK, but living elsewhere? What changes do they need to be aware of from 1 January 2021?

  A Frontier Worker permit lets you come to the UK to work while living elsewhere.

  You may be eligible if all of the following apply:

  • you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein
  • you live outside of the UK
  • you have worked in the UK by 31 December 2020
  • you have kept working in the UK at least once every 12 months since you started working here

  If you’re an Irish citizen, you do not need to apply for a Frontier Worker permit but you can choose to do so.

  You cannot apply if you’re a British citizen (this includes dual citizenship).

  If you have not worked in the UK by 31 December 2020

  If you want to work in the UK from 1 January 2021, and were not working here before, you’ll need to apply for a visa. The visa you’ll need depends on the type of work and how long you want to come for. Check which type of visa you’ll need.

  You do not need a visa if you’re a British or Irish citizen.

  What the Frontier worker permit allows you to do

  You can use your permit to enter the UK as a frontier worker and show your right to:

  • work
  • rent
  • access benefits and services, including NHS healthcare, if you meet the relevant eligibility requirements

  Fees

  There’s no fee to apply for the permit, and you do not have to pay the immigration health surcharge. You may have to pay to submit your biometric information (photograph or fingerprints).

  When and how to apply

  If you’re a frontier worker, you’ll need a permit to enter the UK to work from 1 July 2021. You can use your passport or national identity card until then. You must apply online.

  Further information and to apply: Frontier Worker permit - GOV.UK