Human Resources

Brexit Staff FAQs

I am a non-UK EU national. Do I need a visa to continue working at the University?

The rights and status of EU citizens living in the UK will remain the same until 30 June 2021. If you are living in the UK on or before 30 December 2020 you will be able to apply to the EU Settlement Scheme allowing you to continue to live and work in the UK after 30 June 2021. If you have not applied through the Settlement Scheme during this time you will need to apply for immigration status under the new Immigration system.

I am a Norwegian, Icelandic, Liechtenstein or Swiss national, how am I affected?
As with EU nationals,the UK has now reached agreements with these countries, and EAA and Swiss nationals who want to stay beyond the end of the implementation period can apply for settled status in the same way as EU citizens once the Settlement scheme fully roles out, and will need to do so by June 2021.

Will I have to pay for medical care?
Once you have Settled Status through the scheme there will be no change in relation to your ability to receive NHS medical care in the UK.

What support services are available for employees?
Employees can access personal support from the University’s Employee Assistance Programme (EAP) on a confidential basis. Support is available 24 hours a day, 7 days a week and 365 days a year for staff.

Where can employees go for further information about visas and immigration?
HR will be able to provide general information via the following email address: StaffEUqueries@port.ac.uk. The University will continue to assess what further support can be made available.

FAQs for the EU Settlement Scheme and the public test phase

Where can I find out more information about settled and pre-settled status?

The Gov.uk website has dedicated pages to both settled and pre-settled status. For full details on the scheme, who is eligible and how to apply can be found here.

What is the difference between settled and pre-settled status?

Settled status – for those who have been in the UK for 5 years or more (equivalent of Indefinite leave to remain)
Pre-settled status – for those who have been in the UK for less than 5 years (equivalent of Limited leave to remain)

How long will the scheme be open for?

The scheme will be opened fully in March 2019 and EAA citizens have until 30 June 2021 to apply. From 1 July 2021 EU citizens without settled status will need UK immigration status.

What if there is a ‘no deal’ Brexit on 29 March 2019, will this affect the scheme?

The Government has confirmed if there is a ‘no deal’ the EU Settlement Scheme will still continue to be implemented. This will enable EU citizens and their family members living in the UK by 29 March 2019 to secure their status and continue to be able to work, study and access benefits and services in the UK on the same basis as they do now. If there is no deal in place on 29 March 2019 the rights of current employees will still be protected, and they will still be able to work, and able to apply for settled status. If the UK leaves without a deal there would be some changes to the scheme, in particular that there will be no agreed implementation period and the application deadline for applying will be brought forward to 31 December 2020 with no six-month grace period. Further details of citizens rights including details on a ‘no deal’ scenario can be found here.

I don’t have access to an electronic device to make an application, what should I do?

UKVI is working with local authorities to provide access to devices when the scheme rolls out in March 2019. UKVI has provided details of ID document scanner locations for those who don’t have access to an Android device during the test phase, however using these services may incur a fee. It is expected that once the scheme rolls out in full you will able to apply via any device (i.e. an iPhone).

How do I know if my device will be able to upload the scanned documents?

You will need an Android device with NFC (Near-Field Communication) to use the app. If you can use your phone to make contactless payments you have NFC. Further info to see if your device will work can be found here.

I’m concerned about the security of my information, how will UKVI ensure this is safe?
UKVI advise there are no security risks to uploading information using the app, as none of your personal details or scanned documents/information are stored on the device. The process can be started on a compatible device and saved, and can be continued on another device if required.

How long does it take to complete the application form?
It usually takes about 30 minutes to complete the application form.

Do I have to complete the whole application at once?

No, you do not need to complete this in one go, you can part complete and come back to it at a later time.

How long will UKVI take to process applications?
This is highly dependent upon the volume of applications, however during the phase 1 and phase 2 pilot schemes applications were being processed in one week. UKVI are aiming to maintain this time scale or process within two weeks maximum. Live data will be available on the UKVI website to give a real time view on timescales on applications.

I am applying during the public test phase but my DWP records do not cover 5 years?
Applicants will be able to supplement additional records with their application. They must apply initially electronically, and supplementary information can be added later. Details on submitting evidence and how to prove you have been living in the UK can be found here.

What if I need to provide additional information to support my application will I still be able to apply via the public test phase?

As long as you are able to upload your biometric passport/BRP via the android app you will be able to apply, if you require to submit additional documents to support your application you will be able to do so by scan, photo or email (e.g. documents supporting missing months of evidence).

I don’t live in the UK but I work for a HEI can I apply for settled status?

The settlement scheme is for EU citizens living in the UK, however dependent upon your residence status you may be eligible to apply, for example, if are you working away on a secondment but usually based in the UK. You should physically be in the UK to make an application. If you are on secondment abroad you should come back to the UK to make the application.

What is the future immigration system going to look like?

On 19 December 2018 the Home Secretary set out plans for the new single, skills based immigration system. The new system proposed in the white paper will introduce a new route for skilled workers, ending free movement. The new system is due to be implemented in a phased approach. If the UK leaves the UK without a deal then a European Temporary Leave to Remain visa will be introduced for those who come into the UK after 28 March 2019. Further details on this can be found here.

Will I get a provisional decision on my application?

Yes, after payment stage of the application process you are asked to confirm the status you are applying for (settled or pre-settled) and you will be provided with a result. This is only an interim result; the final decision will be made after submitted documents have been reviewed by UKVI.

I have been in the UK for over 5 years will I need to evidence my whole time in the UK?

No, UKVI are only interested in the last 5 years to evidence your application.

Can I apply for British citizenship after I gain Settled Status?

Yes, once you have been in the UK 1 year after obtaining settled status you will be eligible to apply for citizenship.

I have applied for British Citizenship should I also apply for settled status?

No, if you apply for citizenship now you will not need to apply for Settled Status.

I hold dual citizenship, one of which is British will I need to apply for settled status?

No, if you are a British Citizen you cannot apply for settled status.

I already have permanent residence in the UK will I need to apply for settled status?

Yes, if you have permanent residence in the UK you will need to apply for settled status as this is equivalent to Indefinite leave to remain. Permanent residence documents will not be valid after 31 December 2020.

How will I evidence my Status once UKVI have processed my application?
Once your status has been confirmed you will receive an email containing a letter confirming that your status (settled or pre-settled) has been granted, the date granted and details of any public funds you have access to. You will also receive access to an online system confirming your status that can be shared with employers.

I am an EEA or Swiss national, do I need to apply for settled status?
Yes, agreements have now been reached with these countries and nationals can apply for settled status through the scheme once it rolls out fully in March 2019. It has been announced that EEA and Swiss nationals will not be eligible to apply during the public test phase.

I am an Irish citizen do I still need to apply?

No, there is no requirement for Irish citizens to apply, but you may apply if you want to.

Why might I choose to apply if I am an Irish citizen?

It may help prove status in years to come should you be considering bringing family members to the UK anytime in the future.

Does my employer need to keep a record of outcomes on their HR systems?

No, currently there is no requirement for employers to hold records on settled status of EU citizens, and this is expected to remain the case until the end of the implementation period of the UK leaving the EU. However, if you are happy to share that information with HR they can hold it on the HR system.

Will I receive a BRP similar to that of non-EU individuals in the UK?

No, this a digital system and process. You will receive an email with a letter confirming your status and access to an online record.

How will I prove my status in the future?

As this is a digital status you will be able to give employers / landlords access to your digital information to prove your status. There is currently no additional right to work checks required for employers to undertake.

I have a permanent residency document already; will anything change?

No, this will not change, and after 1 year if you are eligible and want to apply for citizenship you will be able to do so. You will need to apply for Settled Status through the scheme if you do not intend to apply for citizenship.

I need to provide additional documents to support my application, will I have to provide these immediately?
No, if UKVI require additional information to support your application you will be given a deadline to respond (usually a few weeks after application) and they will attempt to contact you 3 times during this period to chase the information before making a decision.

If I do not provide supporting documents will my application be refused?

UKVI will not necessarily refuse applications, however if you applied for settled status and the supporting documents required are not provided it is likely UKVI will give you pre-settled status over settled status.

If my application is refused can I appeal?

Yes, if the status you applied for is refused you will be able to apply for an administrative review. For example, if you applied for settled status, but received pre-settled status and you believe an incorrect decision has been made.

I have been resident in the UK for 4 years if I apply for pre-settled status now will I automatically obtain settled status when I have been here 5 years?

No, if you apply now you will be granted pre-settled status. UKVI cannot assume citizens are still here or still want settled status after 5 years, therefore if you want to apply for settled status you will need to apply again once you have been here long enough. There is no charge for moving from pre-settled status to settled status. Alternatively, you may prefer to not apply for pre-settled status now, and wait until you have been here 5 years (as this will be before December 2020) and apply for settled status only.

I have been living in the UK for 6 years, and will apply for settled status now, will I still need to apply for citizenship if I want it?

Yes, there is no assumption you are eligible, or will want it, if you want citizenship you will need to apply for it.

Can my settled status lapse if I leave the UK?
Yes, current immigration rules state your status will lapse if you are out of the UK for 2 consecutive years. Assuming there is a Brexit deal this will increase to 5 years being out of the country before settled status lapses for EU citizens.

What if there is a no deal Brexit and I want to come to the UK or have family members who want to come to the UK after 28 March 2019?

If the UK leaves the EU without a deal the settlement scheme will only apply to EU Citizens who are resident in the UK on or before 28 March 2019. Anyone entering the UK after this date and remaining for more than 3 months will need to apply for European Temporary Leave to Remain (ETLR). ETLR will be issued for 36 months after which the holder will either have to transfer into a visa category under the new immigration system or leave the UK. You will need to apply within 3 months of arriving in the UK. The application will be online and you will need to prove your identity and declare any criminal convictions during your application.

You do not need to apply for any immigration status or visa if you do not intend to stay in the UK for more than 3 months.

I am going to a conference/seminar or undertaking a secondment in the EEA after 28 March 2019 do I need to do anything?

If the UK leaves with a deal you will still be able to travel to the EAA in the same way, however if there is a no deal Brexit it would be advisable to check Government essential information on travel, and check you have enough time on your passport.

If you will be working abroad and leaving the UK after the exit date, UKVI have outlined advice and information for UK citizens, however you should check with the Country you plan to travel to in advance.