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ARTICLE · 07 DECEMBER 2018

Brexit - Right To Work Issues For Employers

The government claims the likelihood of Britain leaving the EU without a deal is more likely if MPs reject Theresa May's Brexit deal in the Commons vote on 11 December.

European UnionGovernment, Public Sector

Our recent update focused on the Migration Advisory Committee's recommendations for the Tier 2 work permit scheme to be extended to EU nationals after Brexit. Most notably, it was revealed that the UK will focus on acquiring the best skills available and that EU nationals should no longer receive preferential treatment by virtue of their citizenship.  This raises the prospect that, in the event of a 'no deal', from 30 March next year employers could find themselves having to 'sponsor' EU nationals to work in the UK, at great expense and increased compliance whilst also experiencing difficulty in recruiting for lower skilled roles.

At the end of last month, the Immigration Minister was before the Home Affairs Committee trying to explain how this could affect employers.  In particular, she was trying to articulate how employers would be required to decipher between EU nationals who were in the UK before 29 March 2019 and so able to register under the EU Settlement

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