As the UK approaches the end of free movement, after which EU nationals will be treated the same as non-EU nationals. Employers are becoming cautious and requesting their EU employees to provide evidence of their Status in the UK by way of Settled or Pre-settled in the UK.
Did you know that doing this may in fact be classed as discrimination? UK Visas & Immigration have advised that:
“You have a duty not to discriminate against EU, EEA or Swizz Citizens, You cannot require them to show you their status under the EU Settlement Scheme until after 30 June 2021.”
The latest guidance confirms:
You are not required to sponsor an EEA national who will arrive in the UK before the end of the implementation period (11 pm on 31 December 2020). EEA nationals (and their eligible family members) are entitled to exercise their right to enter the UK under freedom of movement rules until that date and time.
You can therefore continue to employ EEA nationals who arrive in the UK before the end of the implementation period (and their eligible family members) without needing to sponsor them, provided they apply for status on the EU Settlement Scheme (EUSS) no later than 30 June 2021, and that application is granted. People with settled or pre-settled status under the EUSS do not need to be sponsored.
Make sure you stay on top of the requirements by contacting Vira today, we will circulate key information to you regularly and help you remain compliant.