Yesterday, recruiters warmly welcomed government plans granting EU workers ‘settled status’ post-Brexit as good for UK plc and for the hiring of talent into the recruitment sector. This was ahead of the publication of a 15-page document yesterday afternoon outlining plans that mean 3.2m residents from the EU will "effectively" have the same rights as UK citizens post Brexit.

But employment lawyers have told Recruiter agencies will be keenly awaiting clarification on how government plans outlined in the document will work in practice. 

Christopher Tutton, partner at law firm Constantine Law, told Recruiter the plans will provide some short-term reassurance that they will be able to continue to employ EU workers but right-to-work checks could be about to get more complicated.

“This is because right-to-work checks will need to differentiate between EU staff that arrived in the UK before the cut-off date, and those arriving afterwards.

“In the longer term, the UK’s proposals clearly provide for immigration limits being imposed on EU migrants. It is not clear how these limitations will operate in practice but, for recruiters that traditionally supply EU talent to UK businesses, this will be of particular concern.”

Dr Sybille Steiner, partner solicitor at law firm Irwin Mitchell, agrees, adding immigration process are likely to be become more rigorous.

She told Recruiter: “While future immigration processes are likely to become more rigorous, the paper makes clear that the government will not seek to deny longstanding residents rights when the UK leaves the EU. Qualifying EU citizens will be able to apply for ‘settled status’ in the UK, entitling them to rights previously enjoyed – for example, the right to work and access to public services and state pensions. Importantly, the UK expects the EU to reciprocate these rights for its own citizens abroad.

“While these proposals provide a useful outline of the government’s intentions it remains to be seen whether it is enough to maintain the UK’s status as an attractive country to work in. Recruiters might find that there will be a shortage of people from the EU wanting to work in the UK because of the uncertainties resulting from Brexit.”

According to Annabel Mace, partner and head of UK business immigration at law firm Squire Patton Boggs, a number of important questions remain unanswered. 

“It is hard to believe that the EU will agree to the cut-off date being any earlier than the date we leave the EU but, in any event, this must be determined as a matter of urgency to give EU citizens the certainty they require for making life decisions including accepting new roles and either moving to the UK or returning home. 
 
“It is also vital that the government clarifies at the earliest stage what, if any, additional qualifying criteria, in addition to having five years’ residence, will apply to this new ‘settled status’. The detailed proposals refer only to ‘residence’ in the UK rather than proof of holding a qualifying status (eg. work, study, self-sufficiency) as is the case to qualify for EU permanent residence. 

“If proof of residence alone is required, this is a sensible development. However, there is repeated reference in the detailed proposals to ‘lawful’ residence in the UK, indicating that holding a qualify status will be a condition. If this is the case, the envisaged ‘streamlined’ process for settled status will prove challenging as we have seen with the current process for permanent residence cards.”

And recruitment’s trade bodies have echoed calls to government for greater clarity of how their post-Brexit immigration rules will work.

Recruitment & Employment Confederation CEO Kevin Green described government’s proposals as step in the right direction, but added the trade body has questions it plans to raise with policy-makers during the upcoming consultation period.

“According to the proposals, if an EU national is here for five years when we reach the cut-off date they can apply for ‘settled status’, but it’s unclear when that cut-off date will be,” Green said. “Practical necessity means this cut-off point must be the day we actually leave the EU in 2019.

“The proposal that ‘settled status’ will be lost if a person is absent from the UK for more than two years is troubling. In sectors such as agriculture, many of the EU nationals we depend upon are seasonal workers and it’s unclear how this will affect them. 

“The government has said there will be no change to the rights and status of EU citizens living in the UK before we leave the EU, but after that point they will need to apply for a document to prove they have permission to legally work in the UK. There’s a question about how this will be administered and we must avoid placing additional burdens on businesses.

“We urge the government to take a balanced and evidence-based approach to immigration policy. The reality is that we need more not fewer people in many sectors to fill the jobs available. The government must work with employers to ensure that the UK economy is not put at risk by an inability to fill vacancies.”

Meanwhile, Samantha Hurley, director of operations at the Association of Professional Staffing Companies (APSCo), said: “APSCo welcomes yesterday’s announcement from the prime minister, and applauds the fact that the report explicitly recognises that the UK should remain a hub for international talent post-Brexit.

“It is important that the position of EU nationals is made clear at the earliest possible opportunity and this document clearly represents an early salvo in negotiations which our members will be in favour of. It is encouraging that, as Brexit talks begin, the PM has indicated that self-employed EU nationals will be discussed with the EU. APSCo has called for this in its UK and EU manifestos and we look forward to further engagement with HM government on how migration will work as negotiations progress.”

And Azmat Mohammed, director general at the British Institute of Recruiters, called on UK business to push the message home that they want EU workers to stay and support Britain’s economy.

“Many businesses reply on them and needs their skills. As these proposals will become part of a final deal, our recruiters will need to give confidence to EU candidates in Britain who may be feeling anxious about what will happen if the UK and EU don't agree a deal within two years.

“If I was an EU citizen working in Britain I would not be confident my stay was long term, even if I was eligible for ‘settled status'. I would be worried about family joining me. I fear that EU citizens may think twice before taking a job in the UK.”

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