RECRUITING
INTERNATIONAL
STUDENTS AND
STAFF POST-BREXIT
10 December 2018
Pat Saini – Partner & Head of Immigration
@Pat_saini
▪ Brexit deal – where are we now?
▪ Deal or no deal
▪ EU staff - how to support your current workforce
▪ Hiring staff post-Brexit
Content
Brexit update – where are we now?
Meaningful parliamentary
vote
Reject
Re-negotiate followed by
2nd vote
Extension of Article 50
Vote of no confidence
Leadership contest
General Election
People’s vote
No deal
PassUK Leaves
EU
Brexit update – where are we now?
Deal or no deal
▪ Deal – withdrawal agreement comes into effect
▪ No Deal - no other arrangements in place by 29
March 2019 – Current EU migrants - Government guarantees that EU citizens
resident by 29 March 2019 can stay.
– In theory
▪ EU migrants coming post exit will need to be subject to UK
Immigration Rules
– In practice
▪ No new Immigration system yet and not expected until 1
January 2021, therefore transitional arrangements will need
to be put in place until December 2020
Brexit deal or no deal
Deal
▪ Residency by 31 Dec 2020
▪ Apply for settled status by
30 June 2021
▪ No cut-of date for family
members to join those with
settled status, if
relationship existed before
31 Dec 2020
▪ New Immigration system 1
January 2021
No deal
▪ Resident by 29 Mar 2019
▪ Apply for settled status by
31 December 2020
▪ Cut-off point for non EU
family members to join
those with settled status
29 March 2022 providing
relation existed by 29
March 2019
▪ New immigration system 1
January 2021
Settlement scheme: deal vs no deal
EU staff - how to support your current
workforce
▪ Internal assessment
– EU nationals: who is employed and in what roles
– EU nationals working overseas (secondments/unpaid
leave): what steps need to be put in place now to ensure
that they can continue to work post transitional period
– UK nationals in Europe: assistance for staying in Europe
– Service providers: who rely on EU staff
▪ Retaining talent: offering financial support etc
▪ Signposting: ensure that staff have access to information
EU staff - how to support your current
workforce
Hiring staff post- Brexit
#WhereIsTheWhitePaper?
The new immigration system – what do
we know?
▪ EEA nationals should not receive preferential treatment
▪ EEA workers should come under Tier 2
– abolish the annual quota for Tier 2
– abolish RLMT (advertising)
– lower the skill level from RQF 6 to RQF 3
– allow switching more easily
– maintain the minimum salary threshold for Tier 2
▪ No special immigration category for lower skilled
migrants (RQF 1&2) – except SAWS
▪ Youth Mobility Scheme (18-30yr olds) for EEA nationals
▪ EEA self-employed nationals – no recommendations
MAC recommendations – 18 Sept 2018
Questions
Pat Saini, Partner & Head of Immigration
t: 020 7457 3117
Contact details
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