Posted on 4th January 2021 at 11:03
Following the BREXIT confirmation and transition period, the UK has now left the EU as of January 2021.
There will clearly be a lot of changes coming for businesses, and this will include changes that affect the recruitment process, so it is important to prepare yourselves and your businesses for the new rules that have come into play as of January 2021.
It is also important to note that a range of resources can be found online, and I have placed some links at the end of this article to assist.
There are 3 main changes to be aware of from January 2021:
1) Hiring staff from the EU
The way that you now hire staff from the EU is changing as of January 2021.
If you wish to hire anyone into the business who is from outside the UK, you must now become a Home Office licenced sponsor.
As a licensed sponsor, you will then be able to hire people from any location in the world provided they meet the minimum skill, salary and language requirements to qualify for the applicable visa.
In order to check regarding these new requirements and to apply for a sponsor license, the best source of information and detailed guidance is at www.pbisemployers.campaign.gov.uk
In December 2020, the UK Government launched a number of “routes to work” under the UK’s new Points-Based Immigration System, which included the flagship Skilled Worker route.
In line with this, individuals can now begin the application process to secure their visas. Those who are seeking to enter the UK to work from 1 January 2021 will now be awarded points based on a job offer at the appropriate skill level, as well as their ability to speak English, and whether the role meets the appropriate salary threshold. Then the skilled worker visas will therefore be awarded to those who gain enough points to qualify.
Any EU nationals who have been living in the UK prior to 31 December 2020 should apply for ‘settled or pre-settled status’ confirmation, which can be done through the EU Settlement Scheme.
This will enable the individual to continue living and working in the UK as previous. Anyone wishing to complete this will have until 30 June 2021 to apply for this, and UK employers are being encouraged to signpost their employees to the scheme in order to meet the requirements in time.
In addition, as a transition measure, UK employers can continue to accept the passports and/or national identity cards of EU Citizens as the evidence of their right to work in the UK, but can only do so up until the 30th June 2021.
Of course some EU Citizens may choose to instead evidence their right to work using the digital status obtained by the Home Office, as opposed to using their passport or ID card.
For further information on how to undertake an online right to work check, employers can search on www.gov.uk
2) Data Protection
All UK businesses or organisations that are in receipt of personal data from any contacts in the EU or wider EEA, must now prepare to keep data flowing lawfully from 1 January 2021.
For full guidance on the necessary actions your business or organisation needs to take regarding any data protection and data flows, it is recommended to visit www.gov.uk/guidance/using-personal-data-in-your-business-or-other-organisation
For some individuals their profession may be regulated by a body that is in the EEA or EU locations, and in these cases you may need to have your UK professional qualification become officially recognised in order to continue practicing your profession.
If this is the case then it will need to be recognised by the appropriate regulator for your profession in each country where you intend to work, and it may be necessary for you to do this even if you are only temporarily providing these professional services.
It could also be that in some cases your qualification may need to be recognised by a regional authority, as opposed to a national authority.
For further guidance and information on this, visit www.gov.uk/government/collections/providing-services-to-eea-and-efta-countries-after-eu-exit
You can see a range of resources available online by going to www.gov.uk/transition as well as checking www.gov.uk/transition-check/questions which will provide a tailored response regarding the actions you will need to take.