The latest Home Office statistics show another substantial increase in the number of EU settlement scheme applications being refused. In this blog we take a look at the statistics and why it's important for employers to encourage their employees to apply early.
In addition, we consider the impact that lengthy periods of remote working outside the UK can have on those of your employees who have pre-settled status. We also comment on the newly announced plans to extend the EU settlement scheme application deadline for vulnerable EU citizens.
The statistics
As of 30 September 2020, there were 4.06 million applications to the EU settlement scheme (204,700 of which were from Scotland) and 3.88 million concluded applications. The statistics have also shown again a large increase in the number of applications being refused.
As of 30 September 2020, 16,600 applications had been refused. At the end of June this figure was just 2,300, so there does seem to be a significant increase in the rate of refusals.
Benefits of Applying early
This marked increase in refusals and cases where 'no status' has been granted emphasises the importance of encouraging your workforce to apply early. Some employers will have a very significant number of EU citizens (and their family members) working for them. The impact of a number of those employees not having permission to work as at 30 June 2021 could be costly and disruptive.
Ensuring your employees apply as early as possible will hopefully allow your staff to rectify any issues if the Home Office request further information or if an application is refused. It will mean that employees may have an opportunity to re-apply (where appropriate to do so) before the deadline of 30 June 2021 without impacting their eligibility to work in the UK.
If an employee waits until close to the deadline of 30 June 2021 before applying and is subsequently refused, they may lose their eligibility to work -with an immediate impact on the individual and their employer. Applicants should also bear in mind that the application process is also taking longer due to COVID-19 delays.
There is clearly an incentive for both employers and their employees to have any issues flushed out early. Some applications may be refused as a result of suitability criteria (such as criminal records) and in some cases it may be as a result of insufficient information having been submitted to prove that they were eligible for either settled or pre-settled status. Brodies can advise on any such issues if they arise.
Illegal Working Issues
If an EU national is unable to prove that they have the right to live and work in the UK once the scheme has closed, this could ultimately lead to their dismissal. Not only will this have negative consequences on the employee, but it could also mean that the employer loses valuable members of its workforce as a result.
Impact of lengthy periods of remote working outside the UK
As a result of the COVID-19 pandemic, many employees have embraced remote working, with some choosing to work remotely from outside the UK. However, it's important for employers to be aware of the detrimental impact such arrangements could have on employees who will eventually want to apply for settled status under the EU Settlement Scheme. This is because EU citizens and their family must have lived in the UK for a continuous period of 5 years in order to be eligible to apply for settled status.
Absences of more than 6 months in any 12-month period (whether that be one continuous absence, or multiple shorter absences which together exceed 6 months) would break the period of continuous residence they require.
The 6-month rule is subject to an exception whereby one period of absence for an 'important' reason' may be permitted in specific cases provided it doesn’t exceed 12 months. It is unclear however whether COVID-19 related absences will be permitted. As travel restrictions have eased it is less likely that such absences will be permitted.
If you have a concern about any of your employees jeopardising their future immigration status through significant absences from the UK, please contact us as there may be strategies to avoid that risk.
There are also various other considerations to think about when allowing employees to work remotely out with the UK which we discuss in our blog: COVID-19: the practical implications of employees working abroad temporarily.
New legislation to extend application deadline for vulnerable EU citizens.
New legislation is to be introduced which could enable vulnerable EU citizens to apply for settled status after the 30 June 2021 deadline, provided that they had a 'reasonable excuse' for not applying timeously. This could include children in care and those who are homeless. We await further detail on exactly who will be able to utilise the extension and what would constitute a reasonable ground for not making an application before deadline expires.
Migrant Worker Sessions: EU Settlement Scheme
We can offer virtual workshops for the EU nationals within your workforce. This can be a useful way to ensure that they are up to speed in relation to the EU settlement scheme application process and deadlines and to encourage them to apply early- mitigating the risk of problems arising at a later date.
To discuss this further, or if you have any other questions regarding the EU settlement scheme, please contact Elaine McIlroy, or your usual Brodies contact.
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