On 29 January 2021, the Kemp Little team joined Deloitte Legal. Click here to view the press release.

As of 30 January 2021, Kemp Little LLP ceased to operate as a firm of solicitors and practice law and ceased to be regulated and authorised by the Solicitors Regulation Authority.

Kemp Little LLP has been re-named KL Heritage LLP.

If you are looking to contact a specific individual to seek legal advice or in respect of any other business relationship, please contact Deloitte Legal.

If you are seeking to contact the old Kemp Little LLP in relation to a previous business relationship or matter, please get in touch with KL Heritage LLP.

For enquiries relating to Kemp Little technology products and training portal, please email deloittelegal@deloitte.co.uk

 


 

Kemp Little is a trade name used under licence by KL Heritage LLP (formerly Kemp Little LLP, registered number OC300242 and VAT number 182 8854 65).

On 29 January 2021, the Kemp Little team joined Deloitte Legal.  As of 30 January 2021, Kemp Little ceased to operate as a firm of solicitors and practice law. From this date Kemp Little ceased to be authorised and regulated by the Solicitors Regulation Authority and is being re-named KL Heritage LLP.

All references to Kemp Little herein are references to KL Heritage LLP, which used to carry on business in that name.

KL Heritage LLP is not connected to or associated with Deloitte Legal or Deloitte LLP in any capacity.

 

Kemp Little
  • Looking for someone?
  • Email us
  • Search
MENU MENU
Insights overview

Employment · Immigration · 26 February 2019 · Anushka Sinha · Kathryn Dooks · James Champness · Lucy Sorell

Hiring EEA nationals in the event of ‘no deal’ Brexit

Further information has been released by the Home Office on the right to work of EU nationals entering the UK on or after 30 March… Read more

more content below

Further information has been released by the Home Office on the right to work of EU nationals entering the UK on or after 30 March and the right to work checks which employers will need to undertake for EEA nationals after that date, in the event of a ‘no deal’ Brexit.

EU nationals entering the UK on or after 30 March

If the UK leaves the EU on 29 March without a deal, EU nationals entering the UK on or after 30 March who wish to stay longer than three months will need to apply to the Home Office for leave to remain within three months of arrival. Subject to identity, criminality and security checks, leave to remain will be granted for 36 months, which will include permission to work and study.

This leave to remain will be non-extendable, temporary leave so those who wish to stay longer-term will need to apply in due course under the future border and immigration system arrangements from 2021. There may be some employees who do not qualify under the new arrangements and who will need to leave the UK when their leave expires.

Right to work checks

A no deal Brexit could potentially make right to work checks more complex although the Home Office has advised employers to rely on the government communication which was recently announced setting out a grace period for employers conducting right to work checks on EU nationals up to 31 December 2020.

As an additional measure, employers are advised to print off the statement at paragraphs 12-13 (see below) and retain this on file along with the regular right to work check copies such as the passport for an EEA citizen or residence document for the non-EEA national family member.

12. Until all resident EU citizens and their family members who are eligible for the EU Settlement Scheme have had a reasonable opportunity to apply for and be granted status, which will be by the end of December 2020, we will not ask employers or other third parties, such as landlords, to start distinguishing between EU citizens who were resident before exit and post-exit arrivals.

13. Once the new border and immigration system is introduced from 2021, employers and others will need to check EU citizens’ status using the Home Office’s Digital Status Checker, but not retrospectively. Until 2021, EU citizens will continue to be able to evidence their rights to work and to rent property using a passport or national identity card, and non-EU family members will use a biometric residence document

Next steps

The challenge for employers is that new hires who are EU nationals and who have not previously been living and working in the UK prior to 30 March will be allowed to work for up to 36 months as if under the old regulations but may find that they are not eligible to continue to work in the UK beyond then. We do not yet know what the new system from 2021 will look like or whether there will be any additional transitional provisions. The safest approach is to ensure that continued employment is conditional on being granted permission to work in the UK after 31 December 2020 / at the expiry of the 36 months’ leave to remain. Employers may also wish to consider entering into fixed term contracts with such EU nationals, which are only renewed in 2021 in the event that they gain permission to continue working in the UK.

Please contact the employment team if you have any questions about this or other employment related issues.

  • Share this blog

  • Twitter
  • Facebook
  • Linkedin

Need to talk about this?

Anushka SinhaAnushka Sinha

Kathryn DooksKathryn Dooks

James ChampnessJames Champness

Lucy SorellLucy Sorell

Get in touch

Sign up for our newsletters

  • Share this Blog

  • Twitter
  • Facebook
  • Linkedin

Other stuff you might like

  1. Webinar | Engaging contractors: your new obligations under the Off Payroll Working Rules
  2. Webinar | People and Pandemic: A U-turn on returning to work and the new Job Support Scheme
  3. UK Government publish further details on the points-based immigration system
The hottest topics in technology
  • Adtech & martech
  • Agile
  • Artificial intelligence
  • EBA outsourcing
  • Brexit
  • Cloud computing
  • Complex & sensitive investigations
  • Connectivity
  • Cryptocurrencies & blockchain
  • Cybersecurity
  • Data analytics & big data
  • Data breaches
  • Data rights
  • Digital commerce
  • Digital content risk
  • Digital health
  • Digital media
  • Digital infrastructure & telecoms
  • Emerging businesses
  • Financial services
  • Fintech
  • Gambling
  • GDPR
  • KLick DPO
  • KLick Trade Mark
  • Open banking
  • Retail
  • SMCR
  • Software & services
  • Sourcing
  • Travel
close
The hottest topics in technology
  • Adtech & martech
  • Agile
  • Artificial intelligence
  • EBA outsourcing
  • Brexit
  • Cloud computing
  • Complex & sensitive investigations
  • Connectivity
  • Cryptocurrencies & blockchain
  • Cybersecurity
  • Data analytics & big data
  • Data breaches
  • Data rights
  • Digital commerce
  • Digital content risk
  • Digital health
  • Digital media
  • Digital infrastructure & telecoms
  • Emerging businesses
  • Financial services
  • Fintech
  • Gambling
  • GDPR
  • KLick DPO
  • KLick Trade Mark
  • Open banking
  • Retail
  • SMCR
  • Software & services
  • Sourcing
  • Travel
Kemp Little

Lawyers
and thought leaders who are passionate about technology

Expand footer

Kemp Little

138 Cheapside
City of London
EC2V 6BJ

020 7600 8080

hello@kemplittle.com

Services

  • Commercial technology
  • Consulting
  • Disputes
  • Intellectual property
  • Employment
  • Immigration

 

  • Sourcing
  • Corporate
  • Data protection & privacy
  • Financial regulation
  • Private equity & venture capital
  • Tax

Sitemap

  • Our people
  • Insights
  • Events
  • About us
  • Contact us
  • Cookies
  • Privacy
  • Terms of use
  • Complaints
  • Debt recovery charges

Follow us

  • Twitter
  • LinkedIn
  • FlightDeck
  • Sign up for our newsletters

Kemp Little LLP is a limited liability partnership registered in England and Wales (registered number OC300242) and is authorised and regulated by the Solicitors Regulation Authority. Its registered office is 138 Cheapside, London EC2V 6BJ. The SRA Standards and Regulations can be accessed by clicking here.

  • Cyber Essentials logo
  • LORCA logo
  • ABTA Partner+ logo
  • Make Your Ask logo
  • FT Innovative Lawyers 2019 winners logo
  • Law Society Excellence Awards shortlisted
  • Legal Business Awards = highly commended
  • Home
  • Our people
  • Services
    • Business restructuring and reorganisation
    • Commercial technology
    • Consulting
    • Corporate
    • Data protection & privacy
    • Digital content & reputation risk
    • Disputes
    • Employment
    • Financial regulation
    • Immigration
    • Innovation
    • Intellectual property
    • Private equity & venture capital
    • Sourcing
    • Tax
    • Travel
  • Resources
  • Insights
  • Covid 19: Your Business Continuity
  • Events
  • About us
    • Who we are
    • Our social responsibilities
    • Our partnerships
    • Join us
  • Contact us
  • FlightDeck
  • Sign up for our newsletters
  • Follow us
    • Twitter
    • LinkedIn
close
close
close

Send us a message

Fill in your details and we'll be in touch soon

[contact-form-7 id="4941" title="General contact form"]
close

Sign up for our newsletter

I would like to receive updates and related news from Kemp Little *

Please select below any publications that you would like to receive:

Newsletters

close

Register for future event information

[contact-form-7 id="4943" title="Subscribe to future events"]
close
close
Generic filters
Exact matches only

Can't remember their name? View everyone

  • Home
  • Our people
  • Services
    • Business restructuring and reorganisation
    • Commercial technology
    • Consulting
    • Corporate
    • Data protection & privacy
    • Digital content & reputation risk
    • Disputes
    • Employment
    • Financial regulation
    • Immigration
    • Innovation
    • Intellectual property
    • Private equity & venture capital
    • Sourcing
    • Tax
    • Travel
  • Resources
  • Insights
  • Covid 19: Your Business Continuity
  • Events
  • About us
    • Who we are
    • Our social responsibilities
    • Our partnerships
    • Join us
  • Contact us
  • FlightDeck
  • Sign up for our newsletters
  • Follow us
    • Twitter
    • LinkedIn