How will Brexit affect my childcare?
This week the UK is set to leave the EU. But there are many employers and employees, and potential employees, who are still very confused and concerned as to what leaving the EU means to them in terms of their employment rights.
As Parental Choice focused on helping working parents, we thought it would be worth clarifying what the current position is for EU nationals and the process of applying for settled status for those who wish to continue to live and work in the country. Should you employ an EU national and would like further assistance, please do contact us.
What is settled status?
Settled status is the name given to the policy allowing EU nationals and their families who have spent five years or more in the UK the same rights as British citizens after Brexit. This includes equal rights on healthcare, education, benefits and pensions.
EU citizens have been able to apply for settled status since January 21, 2019 and will be able to continue to apply up until June 30, 2021, should the UK leave the EU with a deal in place. If the UK leaves the EU without a deal, however, then this deadline moves forward to December 31, 2020.
What do I do if I employ someone who is an EU national for my childcare?
The best thing you can do is talk to them openly about Brexit and what they will need to do to ensure that they can continue to live and work in the UK. Whilst the Government has said that employers are not required to communicate details of the EU settlement scheme to their workers, however, it may be helpful from an employee relations perspective to do so. It would be worth highlighting that workers with permanent residency will still need to make an application for settled status. The government has produced guidance on settled status for employers and an employer toolkit.
The current right to work checks apply until the end of 2020 (EU passport or ID card). After then holders of settled or pre-settled status will use their online immigration profile to prove to their employer their right to work in the UK. If at that stage, they don't have the right to work in the UK, then their employment will have to end.
What if my nanny has only lived in the UK for a short time?
If you nanny or childcare provider has been in the UK less than 5 years, they can still apply for ‘pre-settled status’, which will allow them to stay in the UK until they reach the 5-year mark that is required to get accepted for settled status. Once they have reached the 5-year mark, they will need to apply again to claim settled status.
EU nationals will have to apply through the Home Office for a residency document over a two-year window. This comes at a cost of around £65 each and answer three "simple" questions. It will cost £32.50 for children under 16 and is free for EU nationals who already have residency or indefinite leave to remain.
Home Secretary Sajid Javid said the government's "default" position would be to grant, not refuse, settled status. Applicants will be asked to prove their ID, whether they have criminal convictions and whether they live in the UK. Their answers will be checked against government databases and they should receive a decision within a fortnight.
Where can I/my nanny go to get advice on Brexit?
You can sign up on the Government website for email updates on changes that could affect you and for more information on any steps that you may need to take to confirm your status in the UK after we leave the EU.
Parental Choice’s expert Family Care team can help find the perfect nanny for you.
Uniquely, our highly experienced recruitment team is complemented by our own in-house employment lawyer and payroll service.
This means Parental Choice is perfectly placed to advise and support your needs; taking you through the search, recruitment, screening, contract and then our payroll team can then help your on-going employer needs.
Please get in touch to see how we can help with your childcare needs.
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