Who you gonna call?….Brexit-busters!

Emma Bagshaw

Consultant Senior Solicitor

The Firm

22 September 2016

Brexit-buster

• What have you heard in the news?

• Bust the myths and find the truths

• Or the half truths….!

We are no longer part of the EU!

UK remains in the EU…

• Remain part of the EU & EEA

• No change to recruitment of EEA + Swiss nationals

• UK visa system unchanged

BE FR NL FI DE IT AT EEIE CY PT LVEL LU SI LTES MT SK BGPL HR CZ ROHU SE DK UK

NorwayLiechtensteinIceland

Switzerland

EU

EEA

Bilateral Agreement

BE FR NL FI DE IT AT EEIE CY PT LVEL LU SI LTES MT SK BGPL HR CZ ROHU SE DK UK

NorwayLiechtensteinIceland

Switzerland

EU

EEA

Bilateral Agreement

Rest of the world

Who can work in the UK?

• British Citizens

• EEA nationals + Switzerland

• Family members x EEA nationals + Switzerland

• Visa nationals (points based system)

• Other visa routes (non points based system)

Tier Category

Tier 1 Entrepreneurs & Investors

Closed – Post Study Workers

Tier 2 Skilled migrants with a job offer

Tier 3 Low skilled workers

Tier 4 Students

Tier 5 Government Authorised ExchangeInternational Trade ContractsYouth Mobility Scheme

Standard Visitor Visa (Business) No employment but can attend meetings/audit/contacts/training

PO

INTS

BA

SED

SYS

TEM

We’ll be out of the EU by 2017

The Process

Vote LeavePre-

discussionsArticle 50

27 EU countries

discussNegotiations

Draft Deal to European

CouncilApproval Ratification Leave

The Process

Vote LeavePre-

discussionsArticle 50

27 EU countries

discussNegotiations

Draft Deal to European

CouncilApproval Ratification Leave

EU’s affect on British legislation

• Working Time Regulations

• Minimum paid leave

• Agency workers protection

• TUPE

• Maternity leave and pay

• Equal pay

• Anti-discrimination laws

• Data protection rights

What can you do?

• Keep a watching brief

• Look out for consultations

• Look at problem areas

• Sign up to my updates!

Post Brexit - We’ll have unrestricted access to recruit EU nationals

Migration

184,000 EU

Citizens

188,000 outside EU

39,000 outflow

Who chooses to work in the UK? (EU)

• Romania

• Poland

• Italy

• Spain

• Bulgaria

(National Insurance cards issued to foreign workers ending March 2016)

Who chooses to work in the UK? (non-EU)

• China

• India

• United States

• Australia

• Pakistan

(entry visas issued to non-EU nationals in year ending March 2016)

Options

• Stay in EU

• Stay in EEA

• Arrangement with EU / individual countries

What does this mean post Brexit?

1. The UK Government need to find a way to fill the gaps without hurting the economy

2. Free trade comes with free movement of people3. Immigration control a top priority

Post Brexit - Our British passports will be invalid

|B| Passports

• British Citizen

• EU Passport

Fraud & Right to Work

• Will we see a rise in fraud?

• Right to work checks

• Home Office crackdown

• Get compliant now!

Post Brexit - Irish workers will be able to work in the UK

Migration

• Ireland will remain a member of the EU

• Northern Ireland remain part of the U.K,

• Ireland part of the Common Travel Area

Common Travel Area

• Ireland

• Channel Islands

• Isle of Mann

More than likely

• Continue to live and work with unrestricted access

• Policing the borders

Post EU - EU nationals will have to leave the UK

77%

EEA Nationals

• Reciprocal rights

• Permanent residence after 5 years

• Apply for British Citizenship

• Family members rights

We will have an Australian points based system

Post Brexit Options

• Stay in the EU and renegotiate

• Stay in the EEA

• Be like Switzerland!

• Extend current systems

• True points based system

BE FR NL FI DE IT AT EEIE CY PT LVEL LU SI LTES MT SK BGPL HR CZ ROHU SE DK

NorwayLiechtensteinIceland

Switzerland

EU

EEA

Bilateral Agreement

Points Based Systems - Australia

• Skilled workers (190,000 cap):• 65 points• More points for shortage occupations – mechanics and accountants• Age• Recognised qualifications• Previous experience working abroad

• Skilled Worker – Sponsored: • Not points based

• Humanitarian Programme (20,000 cap)

• Medical examination

Points Based Systems - Canada

• Points based system:• “prioritises broadly desirable human capital, rather than a specific

job offer”• Weighting on location• 67 points:

• Education• English & French Proficiency • Work experience• Age• Offer of employment• Financial background• Medical examination

No points based system for us

Where does that leave us?

Where does that leave us?

• Free movement for EU:• Tourists

• Students

• Pensioners

• EU migrants – register and return if not job

• Rest of world capped

• Tougher regulation on students

Post Brexit - Businesses will find it harder to move staff to other countries

Transfers

• EU free movement of staff

• Intra-company transfer rules

It will be more expensive to recruit

Will it be more expensive?

• Increasing cost of recruitment:• £1,000 per year - Certificate of Sponsorship Tier 2 visa

• £200 per year - Immigration Health Surcharge

• Visa advice

• Relocation

• Impact on salary

• Cheaper employment

What can you do?

• Keep a watching brief

• Look out for consultations

• Look at problem areas

• Sign up to my updates!

Contact Details

Emma Bagshaw

Consultant Senior Solicitor

T: 0845 366 5497

M: 07786326594

E: eb@seaburybeaumont.co.uk

W: www.seaburybeaumont.co.uk