Brexit Transition – The New Rules For 2021



From the 31st of December 2020 there are new rules to continue to live and work in the UK if you're an EU, EEA or Swiss citizen. Both you as carers and us as an agency are affected by the changes and there might be other changes depending if the UK leaves with a deal or not. Patience and perseverance will be key in this process but 90% of our carers have completed the process and can continue to work with us in coming years.


EU Settlement Scheme


In order to continue to live and work in the UK any EU citizen will have to apply for the EU Settlement Scheme.

You’ll usually get Settled Status if you have lived in the UK for 5 years continuous which means that for 5 years in a row before 31 December 2020 you’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period.

If you do not have 5 years’ continuous residence when you apply, you’ll usually get Pre-Settled Status. You must have started living in the UK by 31 December 2020. You can stay in the UK for a further 5 years from the date you get pre-settled status.


Tip: You can then apply to change this to settled status once you’ve got 5 years continuous residence. You must do this before your pre-settled status expires. If you’ll reach 5 years continuous residence at some point by 30 June 2021, you can choose to wait to apply until you reach 5 years continuous residence. This means that if your application is successful, you’ll get settled status without having to apply for pre-settled status first.


Your rights with settled or pre-settled status


You’ll be able to:

  • work in the UK

  • use the NHS for free, if you are using the service at the moment

  • enrol in education or continue studying

  • access public funds such as benefits and pensions, if you’re eligible for them

  • travel in and out of the UK

If you have settled status, you can spend up to 5 consecutive years in a row outside the UK without losing your status.

If you have pre-settled status, you can spend up to 2 years in a row outside the UK without losing your status.


The process of applying


Applying for your Settled or Pre-settled status is an online process and very easy to follow and the guidance and assistance from the Home Office is very good. The following questions will be asked during the application process and providing the proof of your residency for the respective status requests will be the critical part of the process.

  1. Are you planning to continue living in the UK after 31 December 2020?

  2. Are you a British or Irish citizen?

  3. Are you a citizen of another EU or EEA country, or Switzerland?

  4. Do you have a family member living in the UK who is a British citizen, a citizen of an EU or EEA country, or Switzerland?

  5. Do you have valid ‘indefinite leave to remain’ or ‘indefinite leave to enter’ status from the UK government?

  6. Do you have a valid ‘permanent residence document’ from the UK government? If you have a UK permanent residence document, you’ll have either:

  • a certificate inside your passport

  • a biometric residence card confirming permanent residence

You will not have a permanent residence document unless you applied to the UK Home Office for it. You will usually only be able to get one once you’ve lived in the UK for 5 years.


Right To-Work Certificate

You will receive a Status Outcome after applying for settled or pre-settled status but this letter may not be used as proof of status and may not be used to prove status to others. According to the Status Outcome letter this can only be done by getting a Share Code from the 'View and Prove your Settled and Pre-Settled Status' from the Home Office online service.


The Share Code is used by your contractor or employer to apply for your right to work certificate from the Home Office to confirm your status. You have to have a right to work certificate for each of the agencies you work for. Requirements for EU Nationals who are Employed or Self-Employed are the same unless you trade outside the country but this is not relevant in this instance.


It will be illegal for any Agency to make use of your service after the deadline if you do not have a right to work certificate in the name of the agency. Having the right-to-work certificate the only proof companies may use for employing or using the service of EU citizens.


Conclusion


I have spent many hours helping frustrated and concerned Carers with the process and once it was done the general remark is “that was not so difficult!” As mentioned earlier the most important part of the process is to have proof of residency when you apply for you Settlement or Pre-Settlement status.


All the best and call me if you get stuck on 0800 980 3958


Ferdinand


“...the only way to get a thing done is to start to do it, then keep on doing it, and finally you'll finish it....”

― Langston Hughes, The Big Sea

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