Bursar’s Review Autumn 2020 Sample

Autumn 2020 www.theisba.org.uk 12 Feature Brexit: The movement of people, visas and employment issues The questions and answers in this article by Tom Brett-Young, partner and head of the immigration team at VWV, reflect the debate that took place at ISBA’s Brexit briefings in 2019 and were then updated in September 2020. Brexit briefing Permission to remain in the UK after Brexit needs to be granted separately under the EU Settlement Scheme Pupils without an alternative residential address in the UK can use the school’s address on the EUSS application form Schools without a Tier 4 licence may consider applying for one now Question one: We currently have EEA national pupils at the school who will complete their studies in June 2021. Do they still need to apply under the EU Settlement Scheme (EUSS)? The EUSS grants immigration status to EEA nationals, their family members and anyone else currently in the UK on the basis of EU free movement laws. Any individual who qualifies and who is resident in the UK before the end of 2020 will be eligible under the Scheme and has until 30 th June 2021 to apply. An EEA national who is eligible to apply under the EUSS is not required to do so until 30th June and can still use their passport as proof of their right to be in the UK. This suggests that any EEA national pupils due to finish school before 30 th June do not need to apply, but we would still encourage them to do so. Applications are free and relatively straightforward and a grant of status under the EUSS will give them more options in the future in the event they decide to remain in or return to the UK. Question two: An EEA national employee at our school holds a document confirming they have acquired permanent residence in the UK; do they still need to apply for settled status? EEA nationals and their family members resident in the UK who want to continue living here must apply under the EUSS irrespective of whether they have previously been issued documentation (known as EEA Registration Certificates, EEA Residence Cards, a Document Certifying Permanent Residence and Permanent Residence Cards) by the Home Office confirming their residence in accordance with EU free movement laws. Those documents merely confirm rights under EU law, whereas permission to remain in the UK after Brexit needs to be granted separately under the EUSS. Question three: Can EEA national boarding pupils at our school apply under the EUSS? EEA national pupils who are currently living in the UK are eligible to apply under the EUSS, even if they are only resident in the UK during term time. Residence during term time will still be longer than six months per year so is sufficient to meet the residence requirements of the EUSS. Pupils without an alternative residential address in the UK can use the school’s address on the EUSS application form and children are still permitted to apply even if their parents are not applying. They will need proof of their residence in the UK so may require a letter from the school confirming dates of enrolment and expected completion of their studies with you. Question four: Our school engages specialist EEA national music teachers who travel to the UK to teach our pupils; will they still be able to come to the UK after Brexit? If workers in this position have visited the UK within the last six months and not already applied under the EUSS then they should be encouraged to do so. A grant of pre-settled status will be valid for five years unless they leave the UK for a continuous period of two years, so that status will allow them to continue as they do now for a further five years. If they have never lived in the UK for a continuous five-year period and absences after a grant of pre-settled status exceed more than six months in any 12-month period they will not qualify for settled status, so their options after pre-settled status are less certain. They may qualify to be sponsored under the Skilled Worker category (replacing Tier 2 under the post-Brexit immigration system), or in some circumstances they may be able to provide their services under the Permitted Paid Engagement arrangements in the business visitor rules. Advice will be needed in relation to each individual’s specific circumstances though. Question five: What steps can we take to prepare for the forthcoming changes to the UK’s immigration system? Schools should conduct a review of their current pupils and staff looking at where they are from and where they expect new pupils and staff will come from in the future