From an employment law perspective, employees coming to live and work in the UK or Northern Ireland (from the EU) after December 31 are likely to be subjected to a ‘points based visa system’.
How will Brexit affect Employment Law?
HR Team director, Martina McAuley, said: “If an employee was to be offered a UK contract and remained resident elsewhere in the EU, they would be classified as a ‘frontier worker’ and would need to apply for ‘frontier worker’ status. However, should an employee be required to move to the UK at some point after December 31, 2020, they would need to apply for a visa.
Please note: There is no specific amount of time that the individual needs to be in the UK before the December 31 cut-off point. If an employee is going to live and work in the UK, it would be beneficial if he/she did both before December 31. Therefore, they would avoid the need for a points-based visa. Workers can then apply for a pre-settled status or settled status before the end of June 2021 in order to remain in the UK.
In order to apply for settled status, an individual must have been resident in the UK for five consecutive years. This does not have to be the most recent 5 years. Irish nationals working in the UK will not need to apply for settled status or a frontier worker permit. The Common Travel Area agreement will continue to entitle them to live, and work, in the UK after Brexit.