Brexit information for staff applying to Portsmouth
Working at Portsmouth
The UK’s referendum with the vote to leave the EU has major implications for the University. The University aims to provide information and support to staff on the Brexit process as we learn more from the UK government’s negotiations with the EU. The information below is provided to assist individuals who are considering working for the University of Portsmouth.
UK government policy paper in the event of no deal Brexit
The UK government has recently published a policy paper on the arrangements that will apply to EU citizens and their families who move to the UK after Brexit on 31 January 2020, in the event that the UK leaves the EU without a deal.
The key aspects of the policy paper are outlined below:
Future Immigration System
The government will introduce a new Australian-style points-based system from January 2021 and has commissioned the Migration Advisory Committee (MAC) to undertake a review of the Australian system and other international systems. On 28 January 2020 the MAC published its report on the points based system and salary thresholds. The future immigration system will impact both EEA and non EEA citizens coming to work in the UK after the end of the implementation period. Further details on the new immigration system will be rolled out as the Government makes announcements.
EU citizens who are resident in the UK before Brexit on 31 January 2020
EU citizens and their family members resident in the UK on or before 11pm on 31 January 2020 are eligible to apply for the EU Settlement Scheme and have until 31 December 2020 to apply to the Scheme in the event of a ‘no deal’ Brexit.
Euro TLR (temporary leave to remain) scheme
If the UK leaves the EU without a deal, EU citizens who move to the UK after this date for the first time will be able to apply for a 36-month temporary immigration status under a new voluntary immigration scheme – the Euro TLR scheme.
- Applications to the new scheme will be free
- Applications will need to be made by 31 December 2020.
- Successful Euro TLR applications will result in a period of 36 months’ leave to remain in the UK, running from the date the leave is granted.
- The application process will be online, with identity, security and criminality checks. Applications can be made after the arrival in the UK.
- EU citizens may use the evidence of this immigration status to establish their entitlements to work and rent property during the transitional period until December 2020.
- If they subsequently qualify under a route that leads to settlement in the UK under the future immigration system, the time they have spent in the UK with a Euro TLR status will count towards the qualifying period for settlement.
- EU citizens who hold Euro TLR status and who wish to remain in the UK will only be required to apply for status under the new immigration system when their 36-month Euro TLR expires. They may apply earlier for status under the new points-based immigration system if they wish.
- If they do not meet the requisite criteria under the new immigration system they will be expected to leave the UK when their Euro TLR expires.
EU citizens who move to the UK after Brexit who do not apply to the Euro TLR Scheme will need to apply under the new immigration system by 31 December 2020 if they wish to remain in the UK after that date.
Enforcement and what changes now
EU citizens and their family members who move to the UK after January 2021 will need to apply for immigration status under the new immigration system.
Employers will not be required to distinguish between EU citizens who moved to the UK before or after 31 January 2020 until the new immigration system is introduced in January 2021. This means that until 31 December 2020 the right to work checks for an EU citizen should be undertaken as they are now and all EU citizens can evidence their rights using their passport or national identity card.
When the new points-based system is introduced in January 2021, employers will need to check that an EU citizen has a valid UK immigration status when she or he applies for a new job, for example, but this check will not have to be done retrospectively.
Non-EU family members accompanying EU citizens
EU citizens who move to the UK after 31 January 2020 may be accompanied by their non-EU citizen family members:
- includes direct family members such as spouse, civil partners or children
- extended family members such as “durable” partners and dependent relatives
- Close family members (spouses/partners/dependent children under 18) will also be able to apply under the Euro TLR scheme in the same way as EU citizens once their EU citizen sponsor has applied.
- The period of their Euro TLR will not exceed the end date of the Euro TLR of their EU citizen sponsor.
- A close family member who does not obtain a Euro TLR by 31 December 2020 and who does not have a right to remain in the UK will be expected to leave at that point.
Irish citizens and the Common Travel Area
The associated rights of British and Irish citizens under the Common Travel Arrangements mean that:
- Irish citizens will continue to have the right to enter, live and work in the UK without requiring permission.
- Close non British or non-Irish family members of Irish citizens arriving in the UK after Brexit may apply for the Euro TLR.
- Those who do not will need to apply under the new immigration system if they wish to remain in the UK after 31 December 2020.
The government has introduced a number of other changes in the interim including:
- Introducing a tougher criminality threshold at the border to keep out and deport EU citizens who commit crimes.
- Removing the blue EU customs channel so that all travellers will have to choose the red or green channels.
- Removing the right for post Brexit arrivals to acquire permanent residence under retained EU law and the right of UK nationals who move to the EU after Brexit to return to the UK with their family members without meeting UK family immigration rules.
- Phasing out EEA national identity cards for travel to the UK during 2020.
In the event of a no-deal Brexit, some things may change for UK citizens planning to travel to the EU or EEA after Brexit. Please see links below to Government guidance which you should read if you are planning to travel over the coming months.
Racism and harassment
If staff or students experience racism or harassment following the EU referendum result, this should be reported and dealt with under the University’s Dignity and Respect Policy. All staff are encouraged to appropriately challenge inappropriate behaviours and raise concerns with managers so these can be dealt with.
What else do I need to know?
Our Brexit Working Group continues its work on the challenges and opportunities around Brexit. We continue to monitor developments and are contributing to the broad political debates on this at every opportunity. We are working closely with Universities UK and the University Alliance to ensure that our voice is heard in respect of the value and importance that global links and engagement bring to our University for both students and staff.
The links below give more information on the implications of Brexit:
- UK Government Department for Exiting the European Union
- The House of Commons Education Select Committee has finished an inquiry into the impact of Brexit on Higher Education
University Contact Details
StaffEUqueries@port.ac.uk has been set up in order to deal with queries related to the impact of Brexit on staff employed by the University.
If you're already a member of staff at the University of Portsmouth, please refer to the Brexit information located in the Human Resources section on the internal website.