New EEA employee, UK resident from December 2020
Nils is Norwegian and has just started a new job at the University as a grade 7 project manager. He moved to the UK at the start of December 2020. His wife, Marianne, is French and has stayed in Norway to work her notice period. She plans to join Nils in February 2021.
What does Nils need to consider?
Nils is resident in the UK before 31 December 2020, and is therefore eligible to apply to the EU Settlement Scheme. It’s free to apply, and he has until 30 June 2021 to do so.
He'll be granted pre-settled status, having been here for less than 5 years.
Marianne will be able to join him at any time up to 31 December 2025 because the relationship began before 31 December 2020, and as long as they are still together. She'll be eligible to apply to the EU Settlement Scheme when she arrives, even though it's after 31 December 2020.
Until 30 June 2021, they can both travel in and out of the UK using a passport or national ID card.
From 1 July 2021, they will need to have applied to the EU Settlement Scheme to re-enter the UK and access benefits and public services like the NHS.
What do we need to consider?
Nils can start his job.
Because he's resident in the UK before 31 December 2020, we can accept his passport or national ID card as proof of right to work, and we won’t need any further check.
...Nils loses his job?
Losing his job won't affect Nils' status under the EU Settlement Scheme. It's based on residence, not economic activity.
...Nils and Marianne have children after they've applied to the EU Settlement Scheme?
Any children born before Nils and/or Marianne are granted settled status will be eligible for pre-settled status (they'll need to apply on the child's behalf). Children born in the UK after one or both parents are granted settled status will automatically be British citizens.
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 information.
'Close family' members (see Definitions) are able to join EEA/Swiss nationals after the end of 2020 as long as the relationship began before 31 December 2020 and is ongoing when the family member applies (note: for Swiss nationals, a relationship with a spouse/civil partner can have started at any time up to 31 December 2025, and must be ongoing when the family member applies).
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.