Given that a relatively high proportion of workers in care homes come from other EU states, it is important that operators and employees regularly review any changes to Brexit arrangements, says Tom Lumsden, a partner at CooperBurnett LLP
At present, EU citizens are allowed to stay in the UK under the free movement of people principle. This is until the UK leaves the European Union and, if a deal is reached on Brexit, until 31 December 2020. It has been proposed that EU citizens who are in the UK before 31 December 2020 will be able to apply (by 30 June 2021) for a right to stay in the UK indefinitely under the EU Settlement Scheme. However, there are conditions that must be met in order for these rights to apply.
Once Brexit has taken place, the UK will be permitted to determine its own immigration rules and requirements for migration from the EU. However, there is some uncertainty regarding how the scheme will operate. There are two key terms that require clarification. The first is ‘permanent residence’ and the second is ‘settled status’.
Permanent residence applies where citizens within the European Economic Area (EEA) have an automatic right of permanent residence in host member states in which they have legally resided for a continuous five-year period. This applies to citizens of EEA member states and eligible family members, including non-EEA family members. So, at the moment there is no need for EEA nationals to apply for permanent residence in the UK because it is already an automatic right and there is no fee payable to obtain that status.
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