Guidance on the implications of Brexit for EU staff members

We appreciate that as the UK prepares to leave the EU, members of staff and their families may be concerned about the possible impact on their employment.  We have put together information that we hope will help answer any some of the main queries you may have on the implications of Brexit for staff. If you have any further questions, please contact hr@aber.ac.uk or (+44 1970 62) 8551.  

How do I apply for settled status?

EU citizens living in the UK and their family members will need to apply under the settlement scheme to obtain their new UK immigration status to remain in the UK beyond Thursday 31 December 2020.

Those with five years' continuous residency will be granted Settled Status; those without will be granted Pre-Settled Status. Those with Pre-Settled Status can stay in the UK for a further five years but must obtain Settled Status if they want to remain in the UK permanently.

What if I am a citizen of Iceland, Liechtenstein, Norway and Switzerland?

The UK government has reached an agreement with the EEA EFTA states (European Free Trade Association), (Iceland, Liechtenstein and Norway) and Switzerland to protect the rights of those citizens in the UK. As widely expected, these citizens and their family members will be required to apply for residence status through the EU Settlement Scheme in the same manner as EU citizens. 

What if I am an Irish Citizen?

Irish citizens living in the UK are not required to obtain leave under the EU Settlement Scheme as their status within the UK is not linked to the UK’s membership of the EU. Irish citizens rights are protected in UK law under the Common Travel Area rules which is unaffected by Brexit. 

Irish citizens do not need to apply for EU Settled Status but may do so if they wish. Non-Irish and Non-UK family members will need to apply for Settled Status. 

Do I need to apply for settled status now?

The current position is that there will be no change to the rights and status of EU citizens living in the UK and you do not have to apply for anything now. You and your family can apply for ‘Settled Status’ at any point up to Wednesday 30 June 2021 to continue living in the UK after the end of the transition period in December 2020. Applicants who have been resident in the UK for less than five years when they apply will be granted Pre-Settled status and will later apply for Settled Status without having to pay the fee again.

 

I am an EU National who is currently employed by Aberystwyth University, can I continue to work at AU?

Yes. For EU nationals who were resident before the expected exit date (29 March 2019), in the event of “no deal” your residency rights remain unchanged and you can continue to work at the University without restriction.

 

You must apply for either ‘pre-settled’ or ‘settled’ status, through the EU Settlement Status scheme, before 31 December 2020.

If you are currently employed by the University and working abroad, but were resident in the UK before 29 March 2019, you will still be able to apply for either pre-settled or settled status provided you have not been absent for more than five years continuously (for any reason) and return to the UK before 31 December 2020.

Further guidance on the EU Settlement Status scheme, which also encompasses guidance for your family members, is available on the government webpages.

I am an EU national arriving in the UK for the first time after 29 March 2019, can I still apply for positions at Aberystwyth University?

Yes. For EU nationals who arrive after exit date (29 March 2019), in the event of “no deal”, you are still able to apply for positions at the University.

You will not require a visa to enter the UK. For EU nationals there will be no requirement to obtain a visa in advance of travel to the UK. At border control, you will be able to enter the UK using your passport or ID card, as you can at present.

There will be no restrictions on your ability to live or work in the UK. You will be able to reside and take up employment/work in the UK as soon as you enter. However, if you intend to stay in the UK for longer than three months, within three months of arrival it is expected that you will need to apply for European Temporary Leave to Remain. Irish nationals will have no restrictions on their stay and will not be required to apply for temporary status.

 

 

What is EU temporary leave to remain and who needs to apply?

The government have indicated that European Temporary Leave to Remain will allow EEA citizens arriving in the UK after 29 March 2019 to live, work and study in the UK if there’s no Brexit deal.

EEA citizens who are granted European Temporary Leave to Remain will be able to stay in the UK for 36 months from the date it is granted.

European Temporary Leave to Remain is expected to be a temporary, non-extendable immigration status. It will not give indefinite leave to remain (ILR), lead to status under the EU Settlement Scheme or make EEA citizens eligible to stay in the UK indefinitely.

If EEA citizens want to stay in the UK for more than 36 months, they will need to apply for an immigration status under the new immigration system, which will come into effect from 1 January 2021. Those who do not qualify will need to leave the UK when their European Temporary Leave to Remain expires.

Yes. Family members who are EU nationals can enter on the same basis as yourself and would also require Temporary Leave to Remain (see questions above) if they intend to stay for longer than three months.

Who will need to apply?

You’ll need to apply if you: 

  • are an EEA citizen and
  • arrive in the UK after the UK leaves the EU and
  • want to stay in the UK for more than 3 months

Irish citizens will not need to apply for European Temporary Leave to Remain.

Family members of EEA citizens

Non-EEA citizen close family members of EEA citizens living in the UK will need to apply for a family permit before accompanying or joining them in the UK.

I am an EU national arriving in the UK for the first time after 29 March 2019, can I bring my family?

Family members from non-EEA countries will need to apply for a ‘family permit’ before accompanying or joining you in the UK.

No further details are currently available on the application process for a ‘family permit’. Further details will be published once information is provided by the government.

Will the right to work checking remain the same?

Yes. In the event of “no deal”, the government has confirmed that right to work checks will not change and existing procedures will therefore continue to apply, even for those arriving after 29 March 2019.

 

This means that EU nationals will be able to continue proving their right to work in the UK using only their passport or ID card. There will be no requirement to inform, or evidence, to the University that you have gained documentation through the EU Settlement Status scheme or the European Temporary Leave to Remain process. The government have indicated that this will remain the case until at least 1 January 2021.

Will the checking of qualifications change?

Yes. The Mutual Recognition of Professional Qualifications (MRPQ) Directive provides a reciprocal framework of rules which enables EEA and Swiss nationals to have their professional qualifications recognised in a state other than the one in which the qualification was obtained.

In the event of the UK leaving the EU with “no deal”, the MRPQ Directive will no longer apply to the UK and there will be no system of reciprocal recognition of professional qualifications between the remaining EEA states, Switzerland and the UK. The UK will ensure that professionals arriving in the UK with EEA and Swiss qualifications after the exit date will have a means to seek recognition of their qualifications, and the government has indicated that a new system will operational in the event of a no-deal Brexit.

Further details on the future arrangements in the event of a no-deal Brexit can be found in the https://www.gov.uk/government/publications/providing-services-including-those-of-a-qualified-professional-if-theres-no-brexit-deal/providing-services-including-those-of-a-qualified-professional-if-theres-no-brexit-deal

 

 

Can I still travel to the EU on work related business?

Yes. In the event of a no-deal Brexit, airlines wishing to operate flights between the UK and the EU would have to seek individual permissions to operate from the respective states (whether that is the UK or an EU country).

In this scenario, the UK would envisage granting permission to EU airlines to continue to operate and would expect the EU to reciprocate in turn. If such permissions were not granted, there could be some disruption to some flights.

In the event of a no-deal Brexit, the UK would be considered a third country. Third country nationals can remain in the Schengen area for 90 days (approximately three months). If you are travelling to a Schengen area country, you should ensure that your passport has been issued within the last 10 years on the date of arrival and that it has at least three months’ validity remaining on the date of intended departure from the last country visited in the Schengen area. (The actual check carried out could be that the passport has at least six months validity remaining on the date of arrival).

Guidance can be found at https://www.gov.uk/guidance/important-eu-exit-information-for-uk-nationals-if-theres-no-deal#travel-around-the-eu-with-a-british-passport

Can I drive in the UK after 29 March 2019?

What information is available for AU staff who work in Brussels?

Will my EHIC card be valid to travel to Europe after 29 March 2019?

Staff and students travelling to the EU may have a European Health Insurance Card (EHIC) that allows access to state healthcare in the country being visiting at reduced cost or for free. Please be aware that in the event of a no deal scenario, the EHIC may not be valid. The EHIC is not a replacement for travel cover, which should be arranged through the Travel and Fleet Team before all University-related overseas travel. Under current travel cover arrangements, those holding an EHIC are exempt from paying an excess of £25 in the event of a claim. If EHICs are no longer valid, this excess may be charged. For further information relating to the impact of this change on the University’s Travel Cover, please contact the Travel and Fleet Team on trlstaff@aber.ac.uk.

What if I am a student as well as a member of staff?

What support services are available to staff?

AU employees can access personal support from the University’s Employee Assistance Programme which can be found at https://www.aber.ac.uk/en/hr/employment-information/eap/  on a confidential basis. Support is available 24 hours a day, 7 days a week and 365 days a year for staff.

These FAQ’s will be updated as new information and guidance becomes available. 

FAQ’s issued on 19 March 2019

I am an EU National who is currently employed by Aberystwyth University, can I continue to work at AU?

Please note that the Common Travel Area arrangements mean that, in any scenario, British and Irish citizens will continue to have the right to work in either state after the UK leaves the EU. Read more here: http://bit.ly/2NuRHe5

 

Can I still travel to the EU on work related business?

The Common Travel Area arrangements mean that, in any EU Exit scenario, British and Irish citizens will continue to have the right to move freely between the UK and Ireland after the UK leaves the EU. Read more here: http://bit.ly/2NuRHe5