Belfast Telegraph

Brexit: What will leaving the EU without a deal mean for migrant workers?

Philip McNally
Philip McNally

By Philip McNally

At KPMG, we are frequently asked about the impact on immigration and an employee's right to work should the UK exit the EU without a deal on October 31.

It is worth highlighting that the rights of British and Irish nationals to live and work in the Republic of Ireland and the UK will not be impacted by Brexit.

As such, any immigration changes in the UK or Ireland will not impact an individual who holds a British or Irish passport.

EEA nationals who do not hold a British or Irish passport and reside in the UK prior to 11pm on October 31 will be eligible to make an application under the EU Settlement Scheme.

Applications can be made now, and in the case of a no-deal Brexit the scheme will remain open until December 31, 2020.

It is unclear what will happen to those who do not make an application. However if an application is not made, those individuals may have difficulty proving their right to live and work in the UK.

Accordingly, we advise any impacted individual to make an application under the EU Settlement Scheme.

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EEA nationals who do not also hold a British or Irish passport and arrive in the UK after 11pm on October 31 will still be able to enter the UK without requiring a visa.

This will remain the case until December 31, 2020, and border crossing arrangements will remain unchanged for the time being.

Should these individuals wish to stay in the UK after December 31, 2020, they must make an immigration application , which will most likely be an application for European Temporary Leave to Remain.

This application can be made at any point after the individual arrives in the UK. However as there are implications dependent on when an application is made, impacted individuals should take advice prior to making this application.

Right-to-work checks will not change until December 31, 2020. Therefore, regardless of whether the UK leaves the EU without a deal, employers simply have to conduct the same checks as they do now.

KPMG's corporate immigration team is assisting impacted individuals and employers in assessing the immigration implications of Brexit and making any relevant immigration applications. For more details, contact Brexit.ReadyNI@iod.com. ÷ Philip McNally is manager of legal services at KPMG Ireland

Belfast Telegraph

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