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EU Recruitment post-Brexit : What businesses need to know
Julie Moktadir is head of immigration at Bath-headquartered law firm Stone King , and explains the steps businesses need to follow when recruiting EU nationals .
The Brexit transition period ended on 30th June 2021 and businesses now need to grapple with understanding what steps must be taken with their European national employees , and how to recruit moving forward . The first issue is that of right to work checks . These give an employer a statutory excuse against a civil penalty for unlawful employment and employers should be conducting their right to work checks in the same way as previously , albeit with different requirements for European nationals .
Previously , a European national simply needed to evidence their nationality through their passport or ID card .
But , as of 1st July 2021 , employers have to ensure that new European nationals recruited to their organisations have a right to work .
It is important to note , however , that retrospective right to work checks need not be conducted on existing European employees .
If a European national did not reside in the UK prior to the UK leaving the European Union on the 31st December 2020 , they may not have a right to work in the UK .
This may mean that if you wish to recruit a European national , they may require sponsorship and so you need to consider whether your business needs to become a sponsor licence holder .
The Home Office will grant sponsor licences to those organisations that are trustworthy , are capable of carrying out the required duties , and have the appropriate systems in place to monitor sponsored employees .
The fees related to the licence depend upon the size of a business but , in a recent analysis of the costs relating to recruitment , Stone King found that
sponsoring a worker from overseas was cheaper than using some recruitment agencies to recruit within the UK .
But if you are considering sponsorship , it is important to consider the time frame .
Applying for a sponsor licence can take a number of weeks , if the new priority service is not used . The potential sponsored worker must thereafter make the visa application .
My advice would therefore be to plan ahead , consider your future growth and recruitment requirements and apply for a licence if necessary .
For more information contact Julie at JulieMoktadir @ stoneking . co . uk or call 0800 111 4336 .
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