News

28/03/19
Model for Post Brexit: Our Wider Immigration Approach:

Our Immigration Practice has identified the gaps in proposed citizens’ rights deals, between the UK and EU, which affect both EU citizens and third country nationals and are pursuing a proactive and solution- based approach to the question of post-Brexit immigration. Further, our Brexit Contingency Clinic was subsequently incorporated to offer, all parties, a sense of certainty surrounding Brexit.

Our model for a post-Brexit is, for EEA national employees to confirm their status under EU law, that they have a right to reside and work, and are not subject to immigration control. In some cases, this will mean applying for 'Settled status' if they have lived and worked lawfully in the UK for a continuous period of 5 years, acquiring British citizenship through residence or, applying for 'Pre Settlement status' under the EU Settlement Scheme (comes into effect tomorrow).

Please see our EU Settlement Scheme page for further information.

Businesses must also be prepared to consider the possibility that some categories of person with EU free movement rights, and who have been resident in the UK, will be left without a right to reside and work in the UK after Brexit. A wider concern is that, EEA nationals will now be subject in whole or in part to the UK’s existing Points Based System, which is the same to that for non-EEA nationals who require Sponsorship.

Tier 2 is the most widely used type of Sponsorship. Worryingly, there are currently only 29,711* (*correct as of today’s date) registered Sponsors in the UK vs. 5 million + companies. Our advice is, to obtain a Sponsorship licence ( Allows a business to employ migrant workers) if not already. Failure to do so now, will increase Home Office, scrutiny, cost and processing times.

There is an important point to made re: Tier 2 Cost Burden. The following is a good example of what this means in real terms: There is an alternative for businesses.

Case Study Example:
Employee Name: XXXX
Dependent family members: Spouse (wife) and two Children
Tier 2 Salary Threshold: £30,000 (current minimum)
Government Fees:

Sponsor Licence Application fee: £536 or £1475
Certificate of Sponsorship fee: £199
Tier 2 General (up to 3 years) visa application fee: £610 per person
Immigration Health Surcharge: £400 per year per person, payable upfront. So, £1200 per migrant worker and each dependent
Immigration Skills Charge (ISC). £1000 per year per worker

Our solution based approach (cost saving strategies)
In some cases, it will be possible for a business to hire the graduate as an intern with a Tier 5 (Government Authorised Exchange) visa; and/or Implement a Reimbursement Policy, option. Most of the government fees are recoverable e.g. loan agreement, claw back clause etc.

For further information please see our Sponsor Licence page and contact us for a complimentary chat about your legal enquiry on -

+44 (0) 2023 786 1165
info@ealaw-solicitors.com