With a vaccination against coronavirus being rolled out in Hong Kong shortly, many employers in will understandably be eager to have their employees vaccinated in the hope of their workplace returning to some form of normality. This article explores some of the legal issues.

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Testing and Vaccination

Can you require an employee to take a corona test?

There is no statutory right under Hong Kong law for employers to require employees to undertake any medical tests, including COVID-19 tests. Therefore, although employers may ask employees to undertake a COVID-19 test, they cannot compel employees to do so if they refuse.

If the employment contract contains an express provision allowing the employer to direct an employee to attend medical examinations, the employer may potentially rely on this contractual clause to require the employee to undergo a COVID-19 test.

In the absence of any contractual right to compel an employee to undergo a test, an alternative basis is to treat a requirement to undergo the test as a ‘lawful and reasonable’ direction by the employer. Under common law, an employee is under a duty to obey lawful and reasonable directions by the employer. Given that employers are legally required to take reasonable care of their employees’ health and safety under common law and the Occupation Safety and Health Ordinance (“OSHO”), requiring employees to undertake COVID-19 tests could potentially be considered a ‘lawful and reasonable’ direction if, say, for example, employees are required to attend the workplace. If an employee refuses to undergo testing, an employer may consider taking disciplinary action for the refusal to obey a lawful and reasonable direction. However, whether disciplinary action can be justified is highly fact-sensitive and would depend on whether testing is deemed necessary in the circumstances.

It should be noted that if the Centre for Health Protection identifies an employee as part of a high-risk group or as a close contact of a confirmed case, the employee will be required by the government to undergo mandatory testing.

Can you make it a mandatory health and safety requirement for employees to be vaccinated and can you require employees to inform you of their vaccination status?

As mentioned above, employers are legally required to take reasonable care of their employees’ health and safety under common law and the OSHO. However, it is not clear whether requiring employees to be vaccinated would be considered a ‘reasonable’ step for employers to take to ensure employees’ health and safety. Whether implementing such a requirement would be considered reasonable will be highly fact-dependent and will depend on factors such as the risk associated with any particular workplace.

Requiring employees to inform employers of their vaccination status could potentially be considered a ‘lawful and reasonable’ direction, depending on the circumstances. If employees do inform employers of their vaccination status, the employer should ensure that they comply with the Personal Data (Privacy) Ordinance as such information would constitute personal data. In particular, the employer must inform employees that the purpose for collecting the data is to ensure health and safety in the workplace, and use the data collected solely for this purpose. The employer must also inform employees of the classes of person to whom the data may be transferred, and their right to request access to this data. Moreover, the employer must take precautions to protect the data from leakage or unauthorised access, and only retain the data for a period that is reasonable and necessary with regard to the purpose.

Can you pay for employees’ vaccinations or offer employees an incentive for getting vaccinated?

The Hong Kong government has announced that it will be launching in phases its territory-wide COVID-19 Vaccination Programme shortly to offer all Hong Kong residents COVID-19 vaccinations on a voluntary basis free of charge.

Employers may incentivise employees to participate in the Vaccination Programme, but they cannot compel employees to do so if they refuse.

What happens if an employee has religious or other objections to vaccination or cannot be vaccinated for medical reasons: can you dismiss an employee who refuses to be vaccinated, and can you prevent an employee who has not been vaccinated from coming to work, change their duties or otherwise alter their working conditions?

As mentioned above, employers are legally required to take reasonable care of their employees’ health and safety. If requiring employees to be vaccinated would be considered a ‘reasonable’ step for employers to take to ensure employees’ health and safety, but an employee refuses or objects to be vaccinated for medical reasons, proceeding to dismiss an employee on this ground may open the employer up to liability for indirect discrimination under the Disability Discrimination Ordinance.

If it is indeed reasonable for employers to require vaccination, a more reasonable response to an employee’s refusal or objection to being vaccinated for religious, medical or other reasons would be to change the employee’s place of work and/or duties accordingly. Such change should be undertaken with the employee’s express consent as it would constitute a change to the employment terms.

What are the potential discrimination and data privacy aspects of vaccination that employers need to be aware of?

Hong Kong anti-discrimination law protects the characteristics of sex, pregnancy, marital status, disability, family status and race. In requiring employees to undergo vaccination, employers should take care not to discriminate against employees on the basis of these grounds.

In relation to the data privacy aspects of vaccination, please see our response for question above.

Are there any specific provisions relating to testing or vaccination for posted workers (e.g. who is responsible for ensuring the employee is tested or vaccinated prior to a posting; can the receiving employer ask for testing or vaccination information; and are there sanctions for failure to test or vaccinate, and if so, on whom)?

In Hong Kong, there is no equivalent concept of a ‘posted worker’ similar to that in the EU. However, in relation to employees being seconded on a temporary basis to another country, there are no specific provisions in this regard in force in Hong Kong. It will be for the parties involved to determine the arrangements for any testing or vaccination.   

How to keep workers safe in the office

What obligations are there on employers about how the workplace should be set up (e.g. social distancing, masks, numbers of employees on site, protective equipment, hygiene, cleaning, etc)? 

Setting up the workplace

 

As previously mentioned, an employer has a duty to take reasonable care of employees’ safety and health and to provide and maintain a safe place of work for the employees in all circumstances.

 

In addition, the Centre for Health Protection has issued a Guideline to help prevent COVID-19 in the workplace. Although this Guideline does not have the force of law, employers are encouraged to follow it to the extent possible. Following the Guideline may help to demonstrate that employers have discharged their duty of care under statute and under common law.

 

It is therefore prudent for employers to implement various measures such as temperature checks, physical distancing, ensure the use of protective equipment such as face masks, quarantine measures in relation to employees whose family members or close contacts are infected, etc.

 

Are there separate rules for vulnerable employees or vulnerable groups (e.g. pregnant or elderly workers)?

 

Vulnerable employees

There is no definition of ‘vulnerable’ employees in Hong Kong, and therefore there are no separate rules for so-called ‘vulnerable’ groups.

Can you require an employee to come back to the workplace?

Back to the office

Generally speaking, an employee must comply with his or her employer’s reasonable instructions. Therefore, unless there is a valid basis for refusing to attend the workplace or s/he thinks the workplace is dangerous or hazardous to his or her health, an employer could mandate its employees to return to workplace, and a refusal to comply with the instruction to return to workplace may amount to a breach of contract.

However, employees may lawfully refuse to return to the workplace if they reasonably fear for their health and safety. This may be the case where it has been confirmed that another employee contracted the virus, but the workplace has not since been professionally cleaned or disinfected.

What is the recommended/official procedure for dealing with a suspected case of coronavirus in the workplace (including any official notifications you need to make and how you should communicate with the workforce). Can you require an employee you suspect is infected not to come to work?

Suspected case

There is no legislation nor guidance the employer is required to follow in terms of practical measures. We recommend that the employer should direct the concerned employee not to attend the workplace until they obtain medical clearance.

Bearing in mind the employer’s obligation to provide a safe workplace, we recommend that all employees who have been in close contact with the suspected person should be directed to work from home for at least two weeks. Employers should also clean and disinfect the workplace.

The employer can require an employee not to come to work until s/he obtains medical clearance if it suspects s/he is infected.

Official notification

 

There is no express obligation to notify government authorities that an employee has tested positive. However, employers should cooperate with the Department of Health if investigation is conducted to trace contact.

 

If an employee contracts or suspects having contracted COVID-19 by accident arising out of and in the course of their employment, the employer is required to notify the Labour Department of the ‘injury’, to allow the employee to bring a potential claim under the Employee Compensation Ordinance.

 

Communicating to the workforce

 

Employers should act promptly as soon as they learn there is a confirmed case, and communicate in an open and transparent manner. However, employers should not disclose the identity of the infected employee to avoid any breaches of the Personal Data (Privacy) Ordinance. Employers should give assurance that they will take all reasonable steps to maintain a safe and healthy workplace for employees and list out the steps that will be taken to clean and disinfect the workplace. Employees should be reminded to assess their own potential COVID-19 symptoms daily.

 

When and how can an infected worker return to work?

 

Return to the work after recovery

 

There is no formal procedure to be followed by employers in Hong Kong. We recommend that an infected worker should only return to work if he/she satisfies the discharge criteria set out by the Centre for Health Protection (i.e. two negative test results or a positive test result for SARS-CoV-2 antibody, and that his/her clinical conditions have improved and he/she is without a fever).

 

How to organise homeworking for the long term

 

‘Workplace’ is defined broadly under the OSHO to include ‘any place where employees work’ with limited exceptions and which can include the employee’s home if they are working from home.

 

Rights under the Employee Compensation Ordinance: Under the Employee Compensation Ordinance, employers are liable to pay compensation to an employee who suffers a personal injury by an accident which ‘arises out of and in the course of employment’. Therefore, if an employee sustains injury in the course of work when he/she is working from home, employers may be liable to pay compensation to the injured employee. Although this issue is yet to be tested in the Hong Kong courts, there are a few Australian authorities affirming the position that employers are liable to pay compensation to employees who sustain injury in the course of work while working from home.

 

In the circumstances, employers must both provide an adequate system and ensure that employees follow it, through management, instruction, incentivisation and ultimately, discipline.

Provision of Equipment and Reimbursement: With respect to the provision of equipment (such as a computer or printer), employers could either provide necessary equipment to employees, or allow employees to use their own equipment at home.

Further, employers should reimburse employees for the business and operational costs incurred as a result of working from home (especially when the employment contract provides so), and failure to do so may leave room for an argument by the employee that the employer is either in breach of the employment contract, or that the costs incurred, if not reimbursed, would be an offset against earned wages, and therefore result in deduction of salary. If so, the employee may have potential claims for constructive dismissal and/or unreasonable variation of employment terms.

Employees do not have the legal right to request long-term homeworking. Therefore, unless there is a valid basis for refusing to attend the workplace or an employee thinks the workplace is dangerous or hazardous to his/her health, employers could refuse a request, and a refusal to comply with the instructions to return to workplace may amount to a breach of contract.

Provided that an employer has taken reasonable measures to provide for the health and safety of its employees, in the absence of any specific grounds for refusing to return to work other than general concerns about the presence of the virus in Hong Kong, an employer can legally require an employee to attend the workplace, and it is unlikely that the employees’ requests to work from home permanently based on concerns about coronavirus would be allowed.

Note that we think it is unlikely that employees will acquire the right to work at home, even if they have done it for a certain period of time.

If an employee wants to work in a different country to that specified in their employment contact as a result of COVID-19, what will the employer need to consider in terms of immigration, local employment law, social security, tax, data privacy, health and safety measures etc?

Immigration: Employers should take into account whether an employee has the right to work in the relevant jurisdiction. Employers may also need to consider any issues that could arise on the employee’s return to Hong Kong. For instance, whether there are any restrictions on entering Hong Kong.

Employment law: Employers would need to continue to comply with their obligations under the employee’s Hong Kong contract (e.g. provision of salary, annual leave, holidays, sick leave allowance, etc). An employer would also need to be cautious as to whether local employment laws and regulations of the host country would also apply to the employee. Generally speaking, the longer an employee works in a different country, the higher the risk of the employee acquiring rights in that country. This may include minimum wage restrictions, paid annual holidays, statutory maternity / paternity entitlements and rights on termination. As previously mentioned above, if an employee suffers a personal injury by accident which ‘arises out of and in the course of employment’, the employer may be liable to compensate the employee. This would apply regardless of whether he/she is performing his/her duties in Hong Kong or abroad. Employers should also ensure that they comply with any local health and safety requirements.

Social security: Whilst Hong Kong does not have a social security system, most employers and employees are required to make contributions to a mandatory provident fund (MPF) which is a regulated privately managed retirement fund. Where mandatory contributions are being made to an MPF, arrangement for the employee to work abroad will not affect the contributing obligations of the employer or the employee.

Tax: The host country may have taxing rights over the employment income that the employee earns while physically working in that country. However, if there is a double taxation treaty (DTT) between Hong Kong and the host country, the employee will be subject to income tax of the host country only if certain conditions are satisfied. The DTTs that Hong Kong has entered into typically grant taxing rights on employment income to a host country when an employee is present in that host country for 183 days in any 12-month period. The employee would also generally remain subject to salaries tax in Hong Kong if their employment is considered to be ‘Hong Kong employment’. Whether the employee would fall under ‘Hong Kong employment’ is determined by the Inland Revenue Department and they will consider various factors, such as where the employment contract is negotiated, concluded and enforceable; where the central management and control of the employer is; and where the employee’s renumeration is paid.

Data Privacy: There are currently no restrictions on the transfer of personal data outside of Hong Kong, as the cross-border transfer restrictions set out in section 33 of the PDPO have not yet come into force. However, the Privacy Commissioner has published non-binding best practice guidance that encourages compliance with section 33 of the PDPO, which prohibits the transfer of personal data to a place outside Hong Kong unless at least one condition from a list of conditions is met. One such condition is that “the individual has consented in writing to the transfer”.

 

Related Item(s): Employment law in Hong Kong, Covid 19 – Coronavirus, Hong Kong, Asia Pacific Region

Author(s)/Speaker(s): Catherine Leung, Tanya Mirchandani,

The Home Office has confirmed that there will be no change to the right to work check procedure for EEA nationals who start work in the UK between 1 January 2021 and 30 June 2021 (the post-transition ‘grace period’), but has left the question of what to do when an EEA national does not have the right to work unanswered.

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In an update to its Right to Work Check guidance for employers on 21 December 2020, the Home Office said that employers will be able to rely on the following documents to prove an EEA national’s right to work during the grace period as they do now:

• An EEA passport

• An EEA biometric ID card

• A registration certificate

• A document certifying permanent residence

• An online right to work check proving that the individual has status under the EU Settlement Scheme

There is also no change to the right to work checks required for family members of EEA nationals.

The guidance also confirms that there will be no need for retrospective checks for employees who start work on or before 30 June 2021 after the grace period has ended.

This information had previously been confirmed on GOV.UK web pages, so the update to the main guidance document does not provide any new details.

There is still no specific guidance on what the Home Office expects employers to do in situations where an EEA national employee is found to not have the right to work, for example if they are an EEA national who arrived in the UK after 31 December 2020 in a capacity without working rights, for example as a visitor, or if an employee fails to apply to the EU Settlement Scheme before the deadline on 30 June 2021. Employers in this position would need to terminate the employment of the EEA national, or could otherwise face prosecution for knowingly employing – or having reasonable cause to believe – that they are employing an illegal worker.

The Home Office has not yet released its guidance on the policy for right to work checks from 1 July 2021 onwards. The new policy will be published before the end of the grace period.

If you have any questions on right to work checks for EEA nationals, or the EU Settlement Scheme for EEA nationals resident in the UK by 31 December 2021 and their family members, please do not hesitate to get in touch with a member of our Immigration team.

Related Item(s): Immigration & Global Mobility, Immigration

Author(s)/Speaker(s): Andrew Osborne, Bronte Cullum,

The Home Office has confirmed that there will be no change to the right to work check procedure for EEA nationals who start work in the UK between 1 January 2021 and 30 June 2021 (the post-transition ‘grace period’), but has left the question of what to do when an EEA national does not have the right to work unanswered.

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In an update to its Right to Work Check guidance for employers on 21 December 2020, the Home Office said that employers will be able to rely on the following documents to prove an EEA national’s right to work during the grace period as they do now:

• An EEA passport

• An EEA biometric ID card

• A registration certificate

• A document certifying permanent residence

• An online right to work check proving that the individual has status under the EU Settlement Scheme

There is also no change to the right to work checks required for family members of EEA nationals.

The guidance also confirms that there will be no need for retrospective checks for employees who start work on or before 30 June 2021 after the grace period has ended.

This information had previously been confirmed on GOV.UK web pages, so the update to the main guidance document does not provide any new details.

There is still no specific guidance on what the Home Office expects employers to do in situations where an EEA national employee is found to not have the right to work, for example if they are an EEA national who arrived in the UK after 31 December 2020 in a capacity without working rights, for example as a visitor, or if an employee fails to apply to the EU Settlement Scheme before the deadline on 30 June 2021. Employers in this position would need to terminate the employment of the EEA national, or could otherwise face prosecution for knowingly employing – or having reasonable cause to believe – that they are employing an illegal worker.

The Home Office has not yet released its guidance on the policy for right to work checks from 1 July 2021 onwards. The new policy will be published before the end of the grace period.

If you have any questions on right to work checks for EEA nationals, or the EU Settlement Scheme for EEA nationals resident in the UK by 31 December 2021 and their family members, please do not hesitate to get in touch with a member of our Immigration team.

Related Item(s): Immigration & Global Mobility, Immigration

Author(s)/Speaker(s): Andrew Osborne, Bronte Cullum,

Over the past few decades, Vietnam has moved from a centrally-based economy to one with significant market features.

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During this period, the economy has experienced rapid growth, driven primarily by the manufacturing and agriculture sectors. Today, Vietnam is widely regarded as an attractive place to invest.

This inbrief provides a snapshot of some of the key aspects of employment law in Vietnam. Our Hong Kong office was opened to meet a growing demand from many of our clients for coordinated employment and immigration/global mobility support across the Asia Pacific region (including Vietnam). This publication provides general guidance only: expert advice should be sought in relation to particular circumstances. Our Hong Kong office can source Vietnamese advice through its

Type: Inbrief

Author(s)/Speaker(s): Kathryn Weaver, Catherine Leung,

Attachment: Employment law in Vietnam an overview

Over the past few decades, Vietnam has moved from a centrally-based economy to one with significant market features.

Text:

During this period, the economy has experienced rapid growth, driven primarily by the manufacturing and agriculture sectors. Today, Vietnam is widely regarded as an attractive place to invest.

This inbrief provides a snapshot of some of the key aspects of employment law in Vietnam. Our Hong Kong office was opened to meet a growing demand from many of our clients for coordinated employment and immigration/global mobility support across the Asia Pacific region (including Vietnam). This publication provides general guidance only: expert advice should be sought in relation to particular circumstances. Our Hong Kong office can source Vietnamese advice through its

Type: Inbrief

Author(s)/Speaker(s): Kathryn Weaver, Catherine Leung,

Attachment: Lewis Silkin Inbrief – Employment law in Vietnam an overview

As of 1 January 2021, British nationals visiting or working in the European Economic Area (EEA) will be restricted. With Schengen rules being introduced for visitors and work visas being required elsewhere in the EEA, we consider what the end of free movement looks like for British nationals looking to visit or work in Ireland and some further updates to Ireland’s immigration and work permit schemes.

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Common Travel Area

Ireland has a unique relationship with the UK whereby the Common Travel Area (CTA) between Ireland and the UK (including Jersey, Guernsey and the Isle of Man) has existed since 1922 with its modern inception coming into force in 1952. The CTA is not and never has been reliant on Ireland’s or the UK’s membership of the European Union. It is based on legislation and bilateral agreements between Ireland and the UK. If an Irish or British citizen wanted to live or work in a part of the CTA, they were not required to take any action to protect their status or rights associated with the CTA.

Has the CTA been maintained?

In response to Brexit, the Government of Ireland and the UK signed a Memorandum of Understanding, reaffirming their commitment to maintaining the CTA in all circumstances. Through this Memorandum, both Governments committed to undertaking all the work necessary, including through legislative provision, to ensure that the agreed CTA rights and privileges continue to be protected.

Accordingly, the Irish legislature recently enacted the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (the Act). The Act is primarily designed to reduce the possibility of serious disturbance in the Irish economy in the event of Brexit. As part of the Act there is provision to maintain the integrity and operation of the CTA and to ensure that the rights associated with the CTA continue.

The operation of the CTA has been unaffected by Brexit and in fact the UK-EU Brexit trade agreement expressly states that the agreement is without prejudice to any arrangement made between the United Kingdom and the Republic of Ireland concerning the CTA.

There is agreement under Article 3 of the Protocol on Northern Ireland and Ireland that the UK and Ireland ‘may continue to make arrangements between themselves relating to the movement of persons between their territories’. It further states that the UK shall ensure that the CTA and the rights and privileges associated with it can continue to apply without affecting the obligations of Ireland under Union law.

Therefore, after 1 January 2021 Irish citizens and British citizens will continue to have the same reciprocal rights associated with the CTA. These include the right to work, study and vote, and access to social welfare benefits and health services. Irish and British citizens will be able to continue to travel freely within the CTA without seeking immigration permission from the authorities. The CTA has been unaffected by Brexit negotiations and there has been no change to the Irish or UK approach to immigration and travel that falls within the CTA rules. Consequently, British citizens will not be required to seek immigration permission from the Irish immigration authorities to travel to Ireland and there will be no routine immigration controls on journeys within the CTA post 1 January 2021.

Non-EEA family members and dependents of British nationals

In 2016, the Immigration Service Delivery (ISD) published its Policy Document on non-EEA Family Reunification (the Policy Document). The Policy Document outlines the circumstances in which certain categories of people may apply for residence in Ireland based on their relationship with some other person already entitled to live here. In accordance with the Policy Document, British citizens will have no automatic entitlement to have their non-EEA family member or dependent reside with them in Ireland. However, the Department of Justice has published the Scheme in relation to Non-EEA Family Members of UK Citizens intending to reside in the State (the Scheme). Under the Scheme a British citizen will be permitted to sponsor an application for permission for a specified non-EEA national family member(s) or dependent to reside with them in Ireland.

Under the Scheme, arrangements have been put in place by the Irish Government for non-EEA nationals who are a family member or dependent of a British citizen who as of 31 December 2020 hold a valid Irish Residence Permit (IRP) Card. These individuals will continue to hold the same residence rights to live, work or study in Ireland. They will simply be required to exchange their current valid IRP Card for a new one. This card exchange programme will apply from 1 January 2021 and be administered by the Immigration Service of the Department of Justice.

However, under the Scheme all non-EEA family members or dependents of British citizens who are seeking to join or accompany the British citizen to live in Ireland after 11pm on 31 December 2020 will need to apply for permission through a preclearance or visa scheme (depending on their nationality). Details of the Scheme can be found here. The Scheme applies to both visa required and non-visa required nationals. For individuals who are from a visa required country, the ISD has already confirmed that it won’t accept applications from a person who has come into Ireland on a visitor visa and then seeks to remain. The correct visa must be obtained before they travel. Individuals who are from non-visa requires countries must apply for preclearance before travelling.

In order to sponsor a specified non-EEA national family member or dependent, the British citizen must satisfy specific financial conditions set out in the Scheme. These financial conditions differ (and are subject to change) depending on whether the individual is married / in a civil partnership / in a de-facto relationship and for those who wish to be joined by their children. For those who do not have children, the net assessable income is €20,000. For those with children the net assessable income begins at € 27,092.00 for those seeking to reside with one child and is scaled up €68,016.00 for a family with 8 children.

In addition to these financial conditions, applicants are required to

• hold private medical insurance for the duration of their time in the State. The sponsor may include the family member in their group insurance scheme so long as this insurance plan covers the family member from the date of entry into Ireland at a level which provides for private healthcare for any period of hospitalisation in a private hospital; and

• provide a police clearance certificate or equivalent, not more than 6 months old for each country he/she has resided in within the past five years.

Further consideration will be given to the following in assessing the eligibility of the sponsor:

• the conduct of the sponsor;

• whether the sponsor has come to the adverse attention of An Garda Síochána or the immigration authorities;

• the capacity of the sponsor to support the non-EEA family member financially for the duration of their proposed stay in Ireland; and

• the closeness and genuineness of the relationship between the sponsor and non-EEA national.

Changes to the work permit application

Unlike other EEA Member States, the UK’s withdrawal from the EU will not affect the right of British citizens to work within the CTA. The associated rights and entitlements attaching to the CTA have been protected by the Act which include the right to work without being subject to any requirement to obtain permission. This means that British citizens won’t require a work permit to work in Ireland, and they will not require an equivalent to the recently introduced Frontier Work Permit in the UK to work in Ireland if they decide to primarily live in the UK.

While the CTA guarantees that British and Irish citizens will be able to work within the CTA without the need to obtain an employment permit, it does not remove the obligation of an employer to comply with the 50:50 rule under the Employment Permits Act 2006. This rule sets out that at the time of making an employment permit application, the Minister for Employment Trade and Enterprise must be satisfied that at least 50% of the employer organisation’s workforce are nationals of one or more EEA member state or the Swiss confederation, or a combination of both. Thankfully, the Act has amended this rule to ensure that employees who are nationals of the United Kingdom of Great Britain and Northern Ireland will be counted when calculating whether the employer organisation satisfies this rule.

Recognition of qualifications

In 2005 the EU adopted the Directive on Recognition of Professional Qualifications which allowed EA nationals to have their professional qualifications recognised in an EEA state other than the one in which the qualification was obtained.

The UK-EU Brexit trade agreement sets out guidelines for arrangements on the recognition of professional qualifications and does not provide that these are automatically recognised. However, the Memorandum of Understanding concerning the CTA includes a commitment on the part of the UK and Ireland to ensure that there is a continued mutual recognition of qualifications, including professional qualifications, as an essential facilitator of the right to work.

 

Related Item(s): Immigration, Business immigration in Ireland

Author(s)/Speaker(s): Declan Groarke,

As of 1 January 2021, British nationals visiting or working in the European Economic Area (EEA) will be restricted. With Schengen rules being introduced for visitors and work visas being required elsewhere in the EEA, we consider what the end of free movement looks like for British nationals looking to visit or work in Ireland and some further updates to Ireland’s immigration and work permit schemes.

Text:

Common Travel Area

Ireland has a unique relationship with the UK whereby the Common Travel Area (CTA) between Ireland and the UK (including Jersey, Guernsey and the Isle of Man) has existed since 1922 with its modern inception coming into force in 1952. The CTA is not and never has been reliant on Ireland’s or the UK’s membership of the European Union. It is based on legislation and bilateral agreements between Ireland and the UK. If an Irish or British citizen wanted to live or work in a part of the CTA, they were not required to take any action to protect their status or rights associated with the CTA.

Has the CTA been maintained?

In response to Brexit, the Government of Ireland and the UK signed a Memorandum of Understanding, reaffirming their commitment to maintaining the CTA in all circumstances. Through this Memorandum, both Governments committed to undertaking all the work necessary, including through legislative provision, to ensure that the agreed CTA rights and privileges continue to be protected.

Accordingly, the Irish legislature recently enacted the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (the Act). The Act is primarily designed to reduce the possibility of serious disturbance in the Irish economy in the event of Brexit. As part of the Act there is provision to maintain the integrity and operation of the CTA and to ensure that the rights associated with the CTA continue.

The operation of the CTA has been unaffected by Brexit and in fact the UK-EU Brexit trade agreement expressly states that the agreement is without prejudice to any arrangement made between the United Kingdom and the Republic of Ireland concerning the CTA.

There is agreement under Article 3 of the Protocol on Northern Ireland and Ireland that the UK and Ireland ‘may continue to make arrangements between themselves relating to the movement of persons between their territories’. It further states that the UK shall ensure that the CTA and the rights and privileges associated with it can continue to apply without affecting the obligations of Ireland under Union law.

Therefore, after 1 January 2021 Irish citizens and British citizens will continue to have the same reciprocal rights associated with the CTA. These include the right to work, study and vote, and access to social welfare benefits and health services. Irish and British citizens will be able to continue to travel freely within the CTA without seeking immigration permission from the authorities. The CTA has been unaffected by Brexit negotiations and there has been no change to the Irish or UK approach to immigration and travel that falls within the CTA rules. Consequently, British citizens will not be required to seek immigration permission from the Irish immigration authorities to travel to Ireland and there will be no routine immigration controls on journeys within the CTA post 1 January 2021.

Non-EEA family members and dependents of British nationals

In 2016, the Immigration Service Delivery (ISD) published its Policy Document on non-EEA Family Reunification (the Policy Document). The Policy Document outlines the circumstances in which certain categories of people may apply for residence in Ireland based on their relationship with some other person already entitled to live here. In accordance with the Policy Document, British citizens will have no automatic entitlement to have their non-EEA family member or dependent reside with them in Ireland. However, the Department of Justice has published the Scheme in relation to Non-EEA Family Members of UK Citizens intending to reside in the State (the Scheme). Under the Scheme a British citizen will be permitted to sponsor an application for permission for a specified non-EEA national family member(s) or dependent to reside with them in Ireland.

Under the Scheme, arrangements have been put in place by the Irish Government for non-EEA nationals who are a family member or dependent of a British citizen who as of 31 December 2020 hold a valid Irish Residence Permit (IRP) Card. These individuals will continue to hold the same residence rights to live, work or study in Ireland. They will simply be required to exchange their current valid IRP Card for a new one. This card exchange programme will apply from 1 January 2021 and be administered by the Immigration Service of the Department of Justice.

However, under the Scheme all non-EEA family members or dependents of British citizens who are seeking to join or accompany the British citizen to live in Ireland after 11pm on 31 December 2020 will need to apply for permission through a preclearance or visa scheme (depending on their nationality). Details of the Scheme can be found here. The Scheme applies to both visa required and non-visa required nationals. For individuals who are from a visa required country, the ISD has already confirmed that it won’t accept applications from a person who has come into Ireland on a visitor visa and then seeks to remain. The correct visa must be obtained before they travel. Individuals who are from non-visa requires countries must apply for preclearance before travelling.

In order to sponsor a specified non-EEA national family member or dependent, the British citizen must satisfy specific financial conditions set out in the Scheme. These financial conditions differ (and are subject to change) depending on whether the individual is married / in a civil partnership / in a de-facto relationship and for those who wish to be joined by their children. For those who do not have children, the net assessable income is €20,000. For those with children the net assessable income begins at € 27,092.00 for those seeking to reside with one child and is scaled up €68,016.00 for a family with 8 children.

In addition to these financial conditions, applicants are required to

• hold private medical insurance for the duration of their time in the State. The sponsor may include the family member in their group insurance scheme so long as this insurance plan covers the family member from the date of entry into Ireland at a level which provides for private healthcare for any period of hospitalisation in a private hospital; and

• provide a police clearance certificate or equivalent, not more than 6 months old for each country he/she has resided in within the past five years.

Further consideration will be given to the following in assessing the eligibility of the sponsor:

• the conduct of the sponsor;

• whether the sponsor has come to the adverse attention of An Garda Síochána or the immigration authorities;

• the capacity of the sponsor to support the non-EEA family member financially for the duration of their proposed stay in Ireland; and

• the closeness and genuineness of the relationship between the sponsor and non-EEA national.

Changes to the work permit application

Unlike other EEA Member States, the UK’s withdrawal from the EU will not affect the right of British citizens to work within the CTA. The associated rights and entitlements attaching to the CTA have been protected by the Act which include the right to work without being subject to any requirement to obtain permission. This means that British citizens won’t require a work permit to work in Ireland, and they will not require an equivalent to the recently introduced Frontier Work Permit in the UK to work in Ireland if they decide to primarily live in the UK.

While the CTA guarantees that British and Irish citizens will be able to work within the CTA without the need to obtain an employment permit, it does not remove the obligation of an employer to comply with the 50:50 rule under the Employment Permits Act 2006. This rule sets out that at the time of making an employment permit application, the Minister for Employment Trade and Enterprise must be satisfied that at least 50% of the employer organisation’s workforce are nationals of one or more EEA member state or the Swiss confederation, or a combination of both. Thankfully, the Act has amended this rule to ensure that employees who are nationals of the United Kingdom of Great Britain and Northern Ireland will be counted when calculating whether the employer organisation satisfies this rule.

Recognition of qualifications

In 2005 the EU adopted the Directive on Recognition of Professional Qualifications which allowed EA nationals to have their professional qualifications recognised in an EEA state other than the one in which the qualification was obtained.

The UK-EU Brexit trade agreement sets out guidelines for arrangements on the recognition of professional qualifications and does not provide that these are automatically recognised. However, the Memorandum of Understanding concerning the CTA includes a commitment on the part of the UK and Ireland to ensure that there is a continued mutual recognition of qualifications, including professional qualifications, as an essential facilitator of the right to work.

 

Related Item(s): Immigration

Author(s)/Speaker(s): Declan Groarke,

With the end of the Brexit implementation period comes the end of free movement of persons. This is the case irrespective of the fact that the UK has secured a trade deal with the EU.

Text:

Employers and individuals must digest what the new immigration rules look like, both for EEA/Swiss (‘EEA’) nationals aside from Irish nationals wishing to come to the UK, and British nationals wishing to go to the continent. We have summarised some of the main points to be aware of and to act on here.

To-date, the surge of sponsor licence applications the UK Home Office was expecting to receive has not materialised. This is no doubt due in large part to the depressive effect the COVID-19 pandemic has had on the economy, and the need for businesses to focus on the basics of continuing to be able to trade.

The roll-out of an approved COVID-19 vaccine in will improve the economic outlook in 2021, and employers should not defer considering if and when they anticipate needing to make appropriate sponsor licence applications in the UK if they do not already have arrangements in place. Being proactive about this will avoid an employer being on the back foot if a need to recruit an EEA national worker arises, particularly if there is an urgent need to fill an open vacancy, or the employer wants to minimise the chance their preferred candidate may take an offer with a shorter recruitment timeline. A sponsor licence will also be needed for intra-company transfers, which, for businesses that have set up a presence in the EEA over the past few years, may be something that has been overlooked or deprioritised while free movement arrangements have continued.

Similarly, businesses in the EEA will need to engage with the issue of rolling UK nationals into their recruitment process for third country nationals.

In the UK, many EEA nationals will still be able to take advantage of the EU Settlement Scheme, but factors such as absences must be carefully understood and monitored to ensure they are eligible. Our article here covers more detail on this.

Individuals who are not eligible under the EU Settlement Scheme or the equivalent schemes in the EEA will also need to make significant adjustments to how they think about international moves between the UK and the EEA from an immigration perspective. The cost of immigration applications under domestic rules is substantial and the process is complex and bureaucratic. Negotiating the process will require careful planning and budgeting rather than just deciding to get on a plane.

The presence of a trade deal does however make the expansion of mobility arrangements less complex to negotiate and administer in the future. An initial EU trade deal opens up the possibility of uniform arrangements being secured for all EU countries on issues such as youth mobility under an expanded deal in due course, with other EEA countries likely to follow suit.

Employers, both in the UK and the EEA, will need to engage with the strategic and operational implications of free movement ending. Individuals may also need assistance to negotiate domestic immigration laws when planning international moves. We are leading experts well equipped to provide strategic, accurate and timely immigration advice for the UK. We can also support you with managing your outbound immigration needs to EEA countries via our Ius Laboris network. If you need assistance, please get in touch with your usual Lewis Silkin immigration team contact, or email Immigration.London@lewissilkin.com over the holiday period.

 

Related Item(s): BREXIT, Immigration & Global Mobility, Immigration

Author(s)/Speaker(s): Andrew Osborne, Kathryn Denyer,

With the end of the Brexit implementation period comes the end of free movement of persons. This is the case irrespective of the fact that the UK has secured a trade deal with the EU.

Text:

Employers and individuals must digest what the new immigration rules look like, both for EEA/Swiss (‘EEA’) nationals aside from Irish nationals wishing to come to the UK, and British nationals wishing to go to the continent. We have summarised some of the main points to be aware of and to act on here.

To-date, the surge of sponsor licence applications the UK Home Office was expecting to receive has not materialised. This is no doubt due in large part to the depressive effect the COVID-19 pandemic has had on the economy, and the need for businesses to focus on the basics of continuing to be able to trade.

The roll-out of an approved COVID-19 vaccine in will improve the economic outlook in 2021, and employers should not defer considering if and when they anticipate needing to make appropriate sponsor licence applications in the UK if they do not already have arrangements in place. Being proactive about this will avoid an employer being on the back foot if a need to recruit an EEA national worker arises, particularly if there is an urgent need to fill an open vacancy, or the employer wants to minimise the chance their preferred candidate may take an offer with a shorter recruitment timeline. A sponsor licence will also be needed for intra-company transfers, which, for businesses that have set up a presence in the EEA over the past few years, may be something that has been overlooked or deprioritised while free movement arrangements have continued.

Similarly, businesses in the EEA will need to engage with the issue of rolling UK nationals into their recruitment process for third country nationals.

In the UK, many EEA nationals will still be able to take advantage of the EU Settlement Scheme, but factors such as absences must be carefully understood and monitored to ensure they are eligible. Our article here covers more detail on this.

Individuals who are not eligible under the EU Settlement Scheme or the equivalent schemes in the EEA will also need to make significant adjustments to how they think about international moves between the UK and the EEA from an immigration perspective. The cost of immigration applications under domestic rules is substantial and the process is complex and bureaucratic. Negotiating the process will require careful planning and budgeting rather than just deciding to get on a plane.

The presence of a trade deal does however make the expansion of mobility arrangements more] complex to negotiate and administer in the future. An initial EU trade deal opens up the possibility of uniform arrangements being secured for all EU countries on issues such as youth mobility under an expanded deal in due course, with other EEA countries likely to follow suit.

Employers, both in the UK and the EEA, will need to engage with the strategic and operational implications of free movement ending. Individuals may also need assistance to negotiate domestic immigration laws when planning international moves. We are leading experts well equipped to provide strategic, accurate and timely immigration advice for the UK. We can also support you with managing your outbound immigration needs to EEA countries via our Ius Laboris network. If you need assistance, please get in touch with your usual Lewis Silkin immigration team contact, or email Immigration.London@lewissilkin.com over the holiday period.

 

Related Item(s): BREXIT, Immigration & Global Mobility

Author(s)/Speaker(s): Andrew Osborne, Kathryn Denyer,

With the end of free movement, we understand that there are some significant changes for employers to consider. As of 1 January 2021, Brits visiting and working in the European Economic Area (EEA) will be restricted, with Schengen rules being introduced for visitors and work visas being required otherwise.

Text:

In our recent webinar, we shared an overview of the anticipated immigration system post Brexit and how this is likely to work in practise from the perspective of Belgium, Italy and Switzerland. You can view the webinar in full below. We have also addressed the wide ranging set of questions from attendees, which you can view below or download a pdf version.

Further resources

We also have a useful international Brexit guide which has been produced by our Ius Laboris Brexit taskforce. In the guide we provide: guidance on a ‘hard’ Brexit (with no deal); business travel; employment and residence; frontier workers; permanent residence and securing residence & work status. The international Brexit hub also includes insights and updates on the latest Brexit developments from around the globe.

 

 

 

Question	Answer
1. We have an employee who is a Dutch national, that travels to work in the UK once a month for 4-5 days, please advise whether they will need to a visa post Brexit?	If they have been working in the UK prior to 11 pm on 31 December 2020 (GMT), they may have the option of either settled, pre-settled status or a frontier worker permit. If not, then they will require a work visa to work in the UK going forward, likely the Skilled Worker visa. You could also look at restricting their activities on their trips to only those permitted as a visitor.
2. If a British poster worker relocates pre-31 Dec, but their assignment doesn’t start until 2 Jan, would they still fall under Withdrawal Agreement?	In general, Posted Workers even if their assignment starts before 31 December 2020 are NOT covered by the Withdrawal Agreement.   BELGIUM: Posted Workers assigned to Belgium after 1 January 2020 will in any event require a single permit to work and reside in Belgium. Although not covered by the Withdrawal Agreement, posted workers whose assignment started before 31 December 2020 and who have Belgian residence status (E-card) before 31 December, will according to the Belgian Immigration authorities nonetheless be considered as beneficiaries of the Withdrawal Agreement. ITALY: Starting from January 1st 2021 a UK posted worker may work in Italy only if he complies with immigration requirements set out for non-EU nationals. This regardless of whether he entered the company before 31 December 2021. In this case, the UK worker may be able to apply for a work VISA not subject to quotas.
3. My understanding is that the Schengen visa waiver will only benefit UK nationals for non-working visits. If they are working, they will need a visa – and what work is for these purposes will depend on each country’s rules. Is that right?	Yes, the Schengen visa waiver allows the employee ‘to be’ in the Schengen area (‘stay’). Whether an additional work authorisation is needed to also ‘work’ in the relevant Schengen country must be checked according to the rules of that country. This also includes business trips as in some countries the type of activities that can be performed without additional work authorisation are limited and/or there might also be limits in time.   BELGIUM: An exemption for a work permit applies for ‘meetings in closed circle’ (= meetings with clients, internal strategic discussions, …) provided that they do not exceed 20 days per meeting and 60 days per year in total (same rule applies in Sweden). ITALY: correct – A Schengen visa waiver would cover business visits (i.e. meetings, negotiations etc) though
4. Does the 90 days include personal trips or is it just business trips?	The 90 days include all days in the Schengen area in any rolling 180-days period whether for personal reasons or business (‘stays’). BELGIUM: As above.   ITALY: The limit of 90 days within a period of 180 days also includes trips for personal purposes.
5. What will be the impact/penalty of accidentally overstaying 90 days within 180-day period?	This should be checked in the relevant Schengen country as each Schengen country applies its own penalties. Overstaying, intentionally or unintentional may lead to e.g. a fine, immediate deportation or getting banned from entering the Schengen area for a specific amount of time.   BELGIUM: In case of overstaying, the employee will be considered as illegal in the country and may be deported and get banned from re-entering Belgium for a certain period of time (up to 10 years).   ITALY: The risk is to be expelled from the Italian territory or be subject to an economic sanction given that after 90 days without a visa, UK citizens (like other foreign citizens) will be considered illegal immigrants.
6. We have UK lawyers practising law in Paris. How are other law firms making this work? Thanks	This should be checked according to French law.
7. Could you confirm that the Schengen visa is not made for work but business visit (conference, meetings, etc.)?	The Schengen visa waiver allows the employee ‘to be’ in the Schengen area (‘stay’). Whether an additional work authorisation is needed to also ‘work’ (i.e. be there for work reasons) in the relevant Schengen country must be checked according to the rules of that country. This also includes business trips as in some countries the activities that can be performed without work authorisation are limited and/or there might also be limits in time.   BELGIUM: In principle a work permit is needed for a third-country national to be active on Belgian territory for professional reasons, unless an exemption applies. An exemption for a work permit applies e.g. for conferences without time limit and for ‘meetings in closed circle’ (i.e. meeting with clients, internal strategic discussions etc) provided that the meetings do not exceed 20 days per meeting and 60 days per year in total. There are also some other exemptions, usually very limited in time.   ITALY: I confirm that Schengen visa, as interpreted in Italy, covers only business and commercial purposes such as conferences or meetings and not work. Consequently, an employment visa (within or outside the quotas depending from the activities) is required for work.
8. What about recognition of UK professional qualifications? Will they recognised as status quo – if they were recognised earlier pre 1st Jan 2021? An example could be considering a technical project where a UK national needs to provide some technical services on-site say in Germany and needs to be technically qualified to do that work.	The Withdrawal Agreement foresees that recognition obtained before the end of the transition period in accordance with the Directives listed in the Withdrawal Agreement, will maintain its effects in the relevant Member State.   BELGIUM: Withdrawal agreement applies.   ITALY: At this stage there is no evidence of a possible agreement between the UK and EU on the recognition of professional qualifications. As a consequence, as of the withdrawal date, UK nationals will be third country nationals and European law on recognition of professional qualifications no longer applies to them starting from January 1st 2021. With refence to professionals recognised before January 1st 2021, the withdrawal of the UK does not affect any decisions on the recognition of professional qualifications obtained before the withdrawal date. Here you can find some additional information: https://ec.europa.eu/info/sites/info/files/file_import/professional_qualifications_en.pdf A deeper analysis after Brexit date could be recommended for each type of professional qualifications.
9. We have posted workers, working in the EU however they return to the UK on weekends. They will be back in the UK for Christmas. Can they return in the new year under the Withdrawl Agreement or do they physically need to be in the EU country on the 31st Dec?	Beneficiaries of the Withdrawal Agreement must lawfully reside in the EU before 31 December 2020) and continue to do so thereafter. The fact that they are not physically present in the relevant Member State on 31 December 2020 is not relevant if they are lawfully residing in that Member State and continue to do so after 31 December 2020. However, more importantly, it should be checked in the relevant Member State if the posted employee (even if lawfully residing the Member State before 31 December 2020) will be considered by the Member State as a beneficiary. Posted workers are NOT covered by the Withdrawal Agreement. However, the relevant Member States may decide to nonetheless consider them as beneficiaries, but this should be checked according to the rules of the relevant Member State. If not, the UK national will be considered as a third country national (non-EU) and may need the relevant work and residence permit.   BELGIUM: According to the Belgian Immigration Office they will not make the distinction between UK posted employees and UK employees in service of a Belgian company as long as the employees lawfully reside in Belgium before 31 December 2020. To prove such residency, it is of utmost importance that the employees have their European residence cards (E(+)-card) or have applied for it (with complete file) before 31 December 2020. They will then need to exchange their European cards for a card as beneficiary of the Withdrawal Agreement (M-card) by 31 December 2021.   ITALY: Starting from 1 January 2021, UK workers may work in Italy provided they obtain a work VISA. This regardless of whether they are already in Italy or they need to re-enter the country after Christmas. As of today, there is no indication that exceptions would be made for posted workers.
10. Would this apply to one – two-day meetings / conferences, etc. where British nationals fly over to EU to meet with clients? Or would the Schengen visa be OK?	The Schengen visa waiver allows the employee ‘to be’ in the Schengen area (‘stay’). Whether an additional work authorisation is needed to also ‘work’ (i.e. be there for work reasons) in the relevant Schengen country must be checked according to the rules of that country. This also includes business trips as in some countries the activities that can be performed without work authorisation are limited and/or there might also be limits in time.   BELGIUM: This would ok. No time limited applies for conferences but for ‘meetings in closed circle’ a time limit of maximum 20 days per meetings and 60 days per year in total applies.   Italy: In this case a Schengen visa should be ok and UK citizens are actually exempted from requesting it.
11. We have Brits currently working in Belgium in our Belgium entity. I assume they should be ok for the Van der Elst exemption but is there anything to do in that regard?	If they are employed by the Belgian entity (i.e. employment contract with the Belgian entity) and reside in Belgium before 31 December 2020, this is ok. If they are employed by the UK entity and posted to Belgium, they are not covered by the Withdrawal Agreement. However, the Belgian Immigration Office has taken the view not to make the distinction between posted employees and employees in service of a Belgian company as long as the employees lawfully reside in Belgium before 31 December 2020. To prove such residency, it is of utmost importance that the employees have their European residence cards (E(+)-card) or have applied for it (with complete file) before 31 December 2020. They will then need to exchange their European cards for a card as beneficiary of the Withdrawal Agreement (M-card) by 31 December 2021. Note: for the Van der Elst exemption to apply, the employee should be in service of an employer established in the EEA or Switzerland.
12. With regards to UK artists (models, directors, stylists or musicians) I am assuming from what has been said across the board that these activities would not count toward most general business activities if they are working on set on a shoot or doing a performance?	This should be checked according to the rules of the relevant country where the activities are performed and whether additional authorisation is needed.   BELGIUM: Artists with international fame are exempt from a work permit provided that their stay in Belgium for these activities do not exceed 21 days per quarter. Italy: Depending on the specific facts, it is likely that this kind of activity would be considered work activity so a work VISA would be required. Artists may get a work visa outside quotas, but it is necessary to check depending on the activity to be carried out.
13. Does productive performances in this latter slide include coming into the country to do consultancy work for a Belgian client?	Genuine consultancy work is not covered by the exemption for ‘meetings in closed circle’. ‘Meetings in closed circle’ refer to meetings/discussions with clients, preparatory meetings, fact finding, etc.
14. Question for Switzerland, can UK nationals have business visits (internal, with clients) without needing a work permit, similar to the situation outlined for Belgium?	SWITZERLAND: Work without a work permit is tolerated for 8 days within a calendar year (8 days per EU company – and this principle should also be applicable to UK companies after Brexit in view the fact that the online notification model should remain applicable).In cases where the internal meetings or client meetings are usually to be considered as gainful employment, a work permit or the online notification will become mandatory. Business visits are for the purpose of sales, contract negotiations, participation at conferences and group internal meetings for strategic discussions or any activities which are not billable, nevertheless, the distinction will always be a grey area.
15. Do independent consultants (Directors of their own limited companies) fall into exceptions for work permits in the different countries within EU or can they come in and provide consulting services to clients in those different countries under the Schengen 90 days?	This should be checked according to the rules of the relevant country where the activities are performed. BELGIUM: As of 1 January 2021, a professional card will be needed to provide consultancy services as an independent worker. An exemption applies for business meetings (maximum 3 months) but allowed activities are limited (meetings, negotiations, conferences, etc).   ITALY: As a general rule, that type of trip does not fall within the Schengen business VISA waiver so the independent consultants would generally need to obtain a work VISA. Specific circumstances would help assessing possible alternatives and risks
16. Are there any implications for UK based individuals doing consulting work for a EU client for social security even if they are not physically in that country for all their time working for that client?Would that be the same for a EU employee working for a EU organisation but living in the UK with their work being done remotely?	As of 1 January 2020, the European social security rules no longer apply. However, transition rules (grandfathering rights) apply for cross-border situations which exist on 31 December 2020 and continue to exist afterwards. For new situations, in the absence of an Agreement between the UK and the EU, it should be checked if a social security treaty between the UK and the relevant member state exists. In the absence thereof, each country will apply its own national rules.   BELGIUM: No implications as of 1 January 2021 (unless a new Agreement would be concluded between the UK and the EU or between the UK and Belgium). Based on national rules, Belgian social security only applies if 1) the employee works on Belgian territory and 2) in service of a Belgian company or a Belgian seat of a foreign company. Question regarding EU employee working remotely in the UK to be assessed according to UK law. Italy: If the individual always works from the UK, the Italian social security authority would not have grounds to claim payment of social security in Italy. If instead the individual spends part of their time to Italy, after 1 January 2021 there may be such a risk.

If you have any queries stemming from the session or you are currently dealing with something, please do contact one of the team members below or your usual Lewis Silkin contact and we will be happy to help.

 

Related Item(s): Immigration & Global Mobility

Author(s)/Speaker(s): Naomi Hanrahan-Soar,

Attachment: Lewis Silkin Q A for Requirements for British nationals working in the EEA from 1 January 2021 Dec