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EU Transition

OUR SIMPLE HOW-TO GUIDE

This page contains important information for all businesses and citizens of the UK.
Make sure you are ready by using the GOV.UK tool.

For further assistance, call HCPA's dedicated EU Transition helpline on 01707 707686
or email us at euhelpline@hcpa.info

What does this mean for businesses?

As Care Providers, you must ensure you are familiar with new regulations.
See some of the areas you may need to look into to be prepared for the transition period below.

Post-deadline update on late applications and support available

EU, EEA and Swiss citizens and their family members who were resident in the UK by 31 December 2020 who have not yet applied to the EU Settlement Scheme (EUSS) should check if they need to apply to obtain UK immigration status to allow them to continue living in the UK.

The deadline for most people was 30 June 2021, but you can still apply if you have reasonable grounds for not applying by the deadline or that deadline did not apply to you (for example, family members newly arriving in the UK from 1 January 2021 to join a family member who already has pre-settled or settled status).

More information: Apply to the EU Settlement Scheme (settled and pre-settled status)

Keeping records for sponsorship

The Home Office has updated guidance to provide further clarity for sponsors of overseas workers, temporary workers and students on their record-keeping duties in respect of recruitment activity.

More information: Sponsor guidance appendix D: keeping records for sponsorship

What does this mean for your recruitment processes?

Employing EU citizens in the UK

Information for employers on employing EU, EEA and Swiss citizens in the UK, covering right to work checks, the EU Settlement Scheme and the UK’s new immigration system.

Anyone you want to recruit from outside the UK, excluding Irish citizens, needs to meet certain requirements and apply for permission first. The requirements are different for each visa. You also need to have a sponsor licence to hire workers from outside the UK.

More information: Employing workers from outside the UK

What does this mean for your current employees hired before 1st January 2021?

Encourage your employees to check if they need to apply to the EU Settlement Scheme

Your employees risk not being able to continue living or working in the UK if they do not apply to the scheme.

More information: Apply to the EU Settlement Scheme (settled and pre-settled status)

What does this mean for your new employees after 1st January 2021?

On 1st December, new immigration routes have opened for application to individuals of any nationality who want to come to the UK to work or study from 1 January 2021, under the UK’s new points-based immigration system.

What does this mean for the people you support?

Community support for vulnerable citizens

Organisations funded to provide support to vulnerable and at risk EU citizens applying to the EU Settlement Scheme.

More information: EU Settlement Scheme: community support for vulnerable citizens

The importance of supporting your residents

Are you supporting your residents with the application?
» Click here for guidance on this subject

How is this affecting your policies on data protection and copyright?

Find out what EU businesses need to do with data protection, intellectual property and copyright in the UK from 1 January 2021.

More information: EU business: data protection and copyright

Additional guidance from CQC

If UK is granted “data adequacy” status, this means that no further actions may be required by health and social care providers, however this is not guaranteed, therefore you need to ensure you have planned for contingency in case an adequacy decision is not reached by 31st December 2020. You can also access guidance which guide health and social care organisations on what they need to do now to prepare for the end of the transition period below:
 

For further assistance, call HCPA's dedicated EU Transition helpline on 01707 707686
or email us at euhelpline@hcpa.info

Update on 10th March 2021

Changes to immigration rules: Making it easier to recruit Care staff from overseas

New roles have recently been added to the ‘Shortage Occupation List’

Overseas workers in key health and care roles will have a greater opportunity to work in the UK following changes announces to the Immigration Rules.

Senior care workers and nursing assistants are among roles that have been added to the Shortage Occupation List, which gives people in these roles an advantage in obtaining a skilled worker visa. Health service managers and directors, residential, day and domiciliary care managers and health professionals not elsewhere classified have also been added to the Shortage Occupation List.

The changes build on the government’s delivery of the new points-based immigration system, which works for the whole of the UK. Minister for Future Borders and Immigration Kevin Foster said:

“Every year we welcome healthcare workers from across the world to our United Kingdom, with many having played a key role on the frontline of the NHS during the recent pandemic. This latest set of changes, combined with our Health and Care Visa, will ensure they can easily get the immigration status they deserve.”

As part of the points-based immigration system, people applying to come to the UK through the skilled worker route must reach 70 ‘points’ to be eligible for a work visa. A job on the Shortage Occupation List is worth 20 points. Combined with the mandatory criteria – having an acceptable standard of English, an offer from a licensed sponsor and the required skill level, which are worth 50 points – will ensure people in these roles reach the 70 points necessary.

Two points to remember:

  • Check if you or your staff are eligible to apply for the Health and Care Worker visa instead. It’s cheaper to apply for and you or your staff would not need to pay the annual immigration health surcharge
     
  • Also, any EEA citizen who has arrived in the UK before 31st December 2020, no matter what job role, or not even employed, can apply to receive a pre-settled status (granting them permission to live and work for 5 years in the UK) or full settled status (if they have 5 years in the UK/when they reach 5 years, they could get this which is permanent residency)

For more information on this, you can call our dedicated HCPA support line on 01707 707686, or email us at euhelpline@hcpa.co.uk

Reference material:

» GOV.UK: Skilled Worker caseworker guidance [PDF]
» 
GOV.UK: Immigration rules
» 
GOV.UK: Skilled worker visa
» 
GOV.UK: Skilled worker visa: eligible occupations
 

The roles below are roles sited on the Shortage Occupations List (IF they are paid in line with the guidance):

1242 Residential, day and domiciliary care managers and proprietors   Care manager
Day centre manager
Nursing home owner
Residential manager (residential home)
2231 Nurses   District nurse
Health visitor
Mental health practitioner
Nurse
Practice nurse
Psychiatric nurse
Staff nurse
Student nurse
3563 Vocational and industrial trainers and instructors   IT trainer
NVQ assessor
Technical instructor
Training consultant
Training manager
6146 Senior care workers   Senior care assistant
Senior carer
Senior support worker (Local government: welfare services)
Team leader (nursing home)

How To Apply

ELIGIBILITY

Firstly, you will need to ensure you are eligible to apply for the EU Settlement Scheme.
Except in a few cases, you need to apply if: 

  • You are an EU, EEA or Swiss citizen
  • You are not an EU, EEA or Swiss citizen, but your family member is

Depending on how long you have been living in the UK, you’ll get settled or pre-settled status, which might affect when you choose to apply.

USE THE 'EU EXIT: ID DOCUMENT CHECK' APP*

You can download the ‘EU Exit: ID Document Check’ app to scan your document and send your photo – you need to use an Android phone to do this. You can use someone else’s Android phone to prove your identity.

You will need a phone with NFC capabilities enabled and your valid passport / biometric residence card / residence permit.

You will also have the option to send your document by post, and upload your photo using the online application
(you can take this yourself).

*As an alternative, you can also visit one of the organisations offering to scan your document for you.
You will need to book an appointment and you may have to pay a fee.

COMPLETE APPLICATION ONLINE

To complete your application you will be referred back to the GOV.UK webpage to provide further information
including your residency, criminal history, and your National Insurance number.

DECLARATION

The Home Office will use the personal information you provide to decide whether to grant your application*.
Find out 
how the Home Office will process your personal information.

*Other documentation may be required if requested by the Home Office (i.e if your proof of residence is unclear)

Important note: Details of applying for the EU Settlement Status are subject to change.

For more information, visit GOV.UK’s webpage as well as read our newsletters for regular updates.

For further assistance, call HCPA's dedicated EU Transition helpline on 01707 707686
or email us at euhelpline@hcpa.info