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How can employers help EU members of staff following Brexit?

27th June 2016

As part of the Leave campaign, we were told that citizens from EU countries who were already in the UK would be entitled to remain.  The current legal framework doesn’t however necessarily guarantee that right.

Nothing will happen straight away but over time, similar rules as those for non EU workers in the UK may well apply. One of the requirements for non EU workers already here, who wish to apply for a permanent right to remain, is that they can demonstrate five years of continuous residency and an ability to support themselves financially.

So, proving continuous residency may be important in the future for EU workers already in the UK. On a practical level employees should be careful to keep all documentation regarding earnings and employment history.  Employers will be able to help staff with this through payroll records, for example P60s.

Where continuous residency might become more tricky is for staff who have perhaps had periods out of the UK, for example travelling (more than a holiday) or an overseas sabbatical  or a posting outside of the UK, through work, for a period of time.

The only thing that is certain is that there are interesting times ahead.

For further information, please contact Jacqueline McCluskey.

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