Existing Swiss employee, UK resident for 7 years
Lena is a Swiss national who’s been living in the UK for 7 years. She started work at the University as a grade 3 administrator 2 years ago. Until then, she'd been caring for an elderly parent.
What does Lena need to consider?
Lena was resident in the UK before 31 December 2020 and, even though she already had a Permanent Residence document, she has already applied to the EU Settlement Scheme.
She was granted settled status, having been here for 5 years or more. Lena proved her residence by providing her National Insurance Number, but this only showed 2 years of taxpayer status. However, because the grant of permission depends on residence not economic activity, Lena was able to provide alternative forms of proof.
Until 30 June 2021, Lena can travel in and out of the UK, and access benefits and public services like the NHS, using her passport or national ID card. However, from 1 July 2021 she'll need to show she has settled status.
What do we need to consider?
Lena can continue to work for the University in her current role.
We accepted Lena’s passport as proof of her right to work when she started with us, and we therefore don’t need any further check on her right to work status.
What if...
...Lena needs to leave the UK for an extended period?
Lena has settled status, so can be absent from the UK for up to 4 years without losing the status. If Lena was from an EEA country, she could be absent for up to 5 years....Lena leaves the University’s employment, and comes back to work for us later?
Until 30 June 2021, we’d just need a fresh copy of Lena’s passport. However, after that date we’d need to see evidence of her settled status.
...Lena starts a relationship in 2021 with someone from Russia who wants to settle in the UK with her?
If Lena and her partner got married, or entered into a civil partnership, her spouse would be able to join her, and apply to the EU Settlement Scheme, at any time until 31 December 2025 even though the relationship didn't exist before Brexit. This is specific to Swiss nationals - if Lena was from an EEA country, the relationship would need to have begun before 31 December 2020.
Relevant rules
EU Settlement Scheme for EEA/Swiss nationals and their family members
Most EEA/Swiss nationals who live in the UK by the end of 2020, and their family members who are here with permission which is based on their relationship to the EEA/Swiss national, must apply to the EU Settlement Scheme by 30 June 2021. See Headlines for more detail.
Right to work
EEA/Swiss nationals who are resident in the UK on or before 31 December 2020 can prove their right to work in the UK with their passport or national ID card - this will not change until 1 July 2021, at which point all new EEA/Swiss staff must have evidence of either a visa or pre-settled/settled status under the EU settlement scheme. To support the University in its responsibility to help prevent illegal working, we have added questions to our right to work compliance statement for January-June 2021 which should allow us to establish what kind of right to work evidence is needed.
We do not need to retrospectively check right to work for existing staff.