Despite the Brexit talks and deadline of March 2019, there is still a considerable number of migrants entering the UK for a long term stay or with a view to settle here. Claire d'Humilly (our native French-speaking Solicitor) provides some guidance on ensuring that you enter into an Assured Shorthold Tenancy for your legal protection and peace of mind. English version will be published shortly.
Written by: Claire d'Humilly de Serraval
It is undeniable that the UK employment law has been substantively shaped and widened by the EU law over the years. The EU legislation as implemented in our legal system contributed to confer wider protection to the UK employees. To name only a few, we can be thankful for the rights not to be unfairly discriminated, the working time regulations, annual leave and family leave rights, collective rights and employees’ protection affected by a transfer of undertaking.
Four months have passed since the Leave vote and not much seems to have happened (on the Brexit side, not on the political drama side). So where do we stand on our employment rights?
Since June 2016 we expect that the Brexit should not trigger any major change to the UK employment Law framework, on the basis that the EU legislations are now a core part of the UK legal system. It thereafter became clearer that redrafting the entire UK legal system – on top of renegotiating worldwide trade agreements - is such a cumbersome task that there are not enough parliamentary time, ministers or even civil servants to decide to wipe out the current legislations as to suppress the existing EU provisions.
However, in the longer term and depending on the Brexit model which will be negotiated, there is a risk that some employment law provisions may be amended or deleted. Particularly those which were unpopular with businesses might be reviewed: such as the basic protections for agency workers to benefit from the same employment conditions as their colleagues directly recruited by their employer and the high protections benefiting employees of a business being transferred to another. There are speculations that the UK post Brexit could be veering towards more liberal laws which would be less favourable to employees and jeopardising their fundamental rights.
Mid-October 2016, a list of 170 questions has been put to the government, including whether the EU employment protections would remain in force. It has been suggested that the government could reply to one question every day in order that a clear plan may be established by the end of March 2017. We eagerly await the government’s daily responses to those – if this ever happens – so that we may get some clarity on our position and on our future. Considering the proposed immigration reforms - for businesses to declare the nationalities of their employees, the uncertainty on the EU workers’ status, the further curbs to the non-EEA migrants’ visas – it appears that the upcoming immigration law reforms would impact both employers and employees to the risk of endangering our current non-discrimination laws.
To see the full list of 170 questions, click here.
If you would like advice on employment law as a result of Brexit or in preparation for the UK leaving the EU, please do not hesitate to contact us.
Claire is a Solicitor specialising in commercial matters. In her spare time, she likes to travel and play tennis. She has a bachelor's degree in English law and a masters degree in European law. She speaks four European languages.
If you are an EU citizen worried about your future status in the United Kingdom, then you should consider whether you can apply for permanent UK residency and/or British naturalisation.
The areas for consideration are:
- The length of time you have lived in the UK; and
- Your activities during your time in the UK.
If you have lived in the UK for over 5 years, then it is likely that you may be eligible to live permanently in the UK under Immigration (EEA) Regulations 2006. Your eligibility depends on your activities during the past 5 years.
If you have been an employee, self-employed, student or self-sufficient, then you can apply for permanent residency under Regulation 15 of the 2006 regulations.
There are of course various factors which may affect your eligibility such any periods of unemployment or time spent abroad. EU Nationals from some Eastern European countries may have various restrictions that would need to be considered.
It is important that you seek advice from a qualified professional to ensure that you do not waste time or money.
How Posada & Co can help you?
If you have been living in the UK for 5 years and your activities qualify you for permanent residency – then we can help you apply for a Permanent Residence Card. This will almost definitely mean that you can stay in the UK after we leave the EU.
The application requires that you provide evidence to show that you qualify for permanent residency. Our lawyers can assist you collate the required evidence so that your application is successful.
Becoming a British Citizen?
After 12 months of receipt of the Permanent Residence Card then you will be eligible to apply for naturalisation (i.e. become a British citizen). However, if you have lived in the UK for 6 years or more, you can apply for naturalisation as soon as you receive your Permanent Residence Card.
We can also assist you in applying for naturalisation and gathering/collating the documentation required for a successful application.
What to do now?
For an initial consultation, please call our Immigration Solicitor, Claire d’Humilly de Serraval on0203 744 3800. The first 20 minutes of the initial consultation is free