Mr. Boris Johnson was elected as the new PM of the UK in July 2019 after former PM, Theresa May, stepped down. Much of the angst surrounding the UK in light of the PM switch has been how Brexit would be handled.

Previously, under PM Theresa May, the UK was set to leave the EU on March 29, 2019. Theresa May’s government had plans in place in the event of a no-deal Brexit allowing free movement of EU nationals until January 2021 and offering an EU Settlement Scheme. After many failed attempts to pass a resolution, the UK leave date was delayed to October 31, 2019 with, or without, a deal.

Former PM Theresa May’s plans in the event of a no-deal Brexit included free movement until January 2021 and a grace period where EU nationals could apply for settled status up until December 31, 2020. The Government’s previous plans in the event of a no-deal Brexit, however, are now being significantly altered by the PM Boris Johnson’s Government signifying that a no-deal Brexit would include ending free movement immediately on October 31, 2019, and that the UK will absolutely leave no matter what. The Government further notes that it does not have an immigration plan in place on how a new system will impact EU national residents before and after exit day– this poses a chaotic scenario for several UK-based companies with international employees from the EU given that there are only 73 days left until the October 31, 2019 deadline.

As of now, there are no signs as to what a new immigration system would look like that will replace free movement, leaving significant unclarity as to how UK-based companies will move EU national employees into the UK after the deadline. The deadline to apply for settled status is still December 31, 2020. However, there will be many EU nationals traveling after October 31, 2019 who will not be able to establish that they have been a resident in the UK before exit day (a key factor and benefit of “free movement”). In addition to the new changes, it is unclear whether new EU arrivals will be able to work in the UK after October 31 meaning UK businesses will have no idea whether they can recruit EU nationals for openings after the exit date. The UK Home Office indicates that new plans will be announced very soon.

In light of this scenario, UK employers are encouraged to have their EU national employees, and their family members, apply for settled status under the EU Settlement Scheme. Those who have lived in the UK for extended periods of time may be able to apply for Permanent Residence or even citizenship, avoiding the requirements of the new system.

We at Graham Adair Inc. are dedicated to helping businesses support employees through Brexit and are closely monitoring the volatile Brexit changes. Please contact us at Graham Adair Inc. as we are closely connected with our UK Local Office and are open to answering questions.