Free movement of the EU nationals coming to the UK will end on 31 December 2020 – what does this mean for EU nationals wishing to live and work in the UK from January 2021?

What are the implications for EU citizens in the UK?

Learn about EU Settlement scheme, Frontier worker permits, Business visits requirements, Students and post-study routes, Skilled worker visas, and Intra Company Transfer route.

What are the requirements for UK nationals living, studying and working in France, Spain and Germany?

Watch the on-demand webinar video – live broadcast occurred on 25/11/2020

 

Our team couldn’t cover all questions during the webinar, so please find below the rest of the Q&As:

  • What is the difference between a defined and undefined certificate of sponsorship?

A Defined Certificate of Sponsorship ( CoS ) is theoretically what used to be known as a restricted CoS and is assigned to a prospective employee making an application from outside the UK  ( ie entry clearance ).   An Undefined CoS is the equivalent of the old unrestricted CoS and assigned to a prospective employee in the UK.

  • Will the labour market test will no longer be required both for EU and non-EU citizens?

No, it will no longer apply for any sponsored workers though there is still an expectation to justify the reason why you wish to hire someone.

  • The withdrawal agreement residence permit is in theory not applicable to posted UK nationals (i.e. having a work contract in UK). This is what we were recently told by members of Immigration authorities…

Not sure which country this refers to. However, this is correct indeed. The UK nationals currently posted in the EU are not “resident” in the EU on the basis of their right to free movement of persons, it is their company that enjoyed its right to free movement of services when posting them. The Deal protects the rights of the citizens by granting Withdrawal statuses, not the right of the companies. If free movement of services ends, then they will be subject to a work permit and residence permit. By analogy in France, they will need an ICT permit for intra-company postings, and Travailleur temporaire permit for extra-company postings.

  • Our headquarter is in Spain and we have constantly people traveling between Spain and the UK for some projects, how will this apply after brexit?

If the employees do not have pre-settled or settled status, then we would either suggest the Frontier Worker Permit or an intra-company transfer visa.    Please reach out to us so we can advise fully dependant on the situation.

  • UK citizens in Spain – Should Immigration process be done in Spain only? nothing can be started in the Uk, prior departure?

Regarding the immigration process applications must be done once in Spain and one of the documents required is the proof of arrival. What can be done before departure is to obtain some of the required documents that may be originated in the UK (for instance: birth certificate in case of children or marriage certificate in case of couple)

  • What does a sponsoring license for an employer entail?

There are quite a few steps to go through and we would advise that you reach out to us for guidance on this.

  • For how many days can a Belgian employee go on a business visit?

If referring to the UK, then a Business Visitor can visit the UK for up to 180 days per single visit.

  • Could you please let us know if “van der elst visa” will still be applicable for Non-EU nationals temporarily posted in the UK (less than 6 months) and who are still paid by their employers in France?

Shall free movement of services end, there will be no basis any longer for the Van der Elst visas, which are visas granted to non-EU citizens employed in an EU company and posted to another EU company.

  •  “What is the maximum duration of ICT for third-country nationals to France? Is there any way of extending the ICT without having any cooling period?”

36 months, and it cannot be extended. There is a 6-month cooling period outside the EU to be respected before another application can be made

 

If you have any more questions or need support with your immigration requirements, please reach out to our immigration team:

Koshi Blavo Barna, Head of Immigration UK,  Koshi.Blavo@staging.santaferelo.com

Mukta Varsani, Senior Immigration Consultant UK, Mukta.Varsani@staging.santaferelo.com

Alexandra Demeure, Immigration Manager France and Benelux, Alexandra.Demeure@staging.santaferelo.com

Irene Martin, Immigration Director Southern Europe, Irene.Martin@staging.santaferelo.com

Claudia Mc Daniel, Immigration Team Lead Germany, Claudia.McDaniel@staging.santaferelo.com