It has been heavily discussed that the impact of Brexit is likely to have a significant impact on EEA nationals who are choosing to exercise their Treaty Rights and work in the UK. However, there is also major concern for small businesses that rely on the employment of these EEA workers. Despite Prime Minister Theresa May’s insistence of “what this country needs now more than ever is certainty”, the future of small UK businesses employing EEA workers could not be more uncertain.
Why Do UK Businesses Employ so Many EEA Workers?
Many small UK businesses rely on EEA nationals to make up a significant proportion of their workforce. Many sectors that require low or unskilled workers, such as the retail industry and the hospitality industry find that many of their employees come from all over Europe. It is suggested that this is largely due to the fact that British nationals are unwilling or not interested in doing these jobs.
However, it is not just businesses that require low or unskilled workers that are at risk. With regards to skilled workers, especially where there is a largely reported skills shortage; for instance nurses and carers, there is also concern for the industry and employers. The uncertainty of Brexit appears to have worsened the nursing crisis in the UK, by deterring nurses from the EEA in applying for jobs in our NHS, as well as many leaving to return to their home countries amidst fears that they will be asked to leave anyway once Britain is out of the EU. This is detrimental to the NHS and ultimately those who are in need of medical care and attention because the Nursing sector is so understaffed and there are not enough British nurses filling these positions, hence the high number of UK businesses employing EEA workers.
The Possible Future System for UK Businesses Employing EEA Workers
Post-Brexit, there is a possibility that EEA nationals will be the subject of a Points Based System that is in place currently for non-EEA workers. However under this system, applicants must be skilled workers. Moreover, the downside to this Points-Based System for small UK businesses is that the recent Immigration Rules Update from the 6 April 2017 means that the Immigration Skills Charge was imposed on Tier 2 Sponsor Licence holders to charge £1000 per migrant worker. This was introduced as part of Theresa May’s mission to cut the UK’s net migration to 100,000 and deter UK businesses from employing overseas workers over domestic workers.
This immigration rules update also increased the Tier 2 minimum salary requirement to £30,000 which may further burden UK businesses and encourage them to employ UK workers over non-British nationals. Therefore it is clear that small UK businesses may struggle if the Points-Based System is adopted for EEA nationals after the UK has left the EU. It is important to retain specialist legal representatives, such as our expert immigration solicitors, in order to understand the UK’s complex immigration rules.
Using Legal Representation for UK Businesses Employing EEA Workers
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to ensure you comply with the rules and regulations for employing an EEA worker.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful Applications for UK Businesses Employing EEA Workers
Our team of solicitors and barristers are immigration specialists who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.