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UK Nationals Must Fulfill European Union Legal Residency Requirements

As the United Kingdom (UK) finally reaches the end of the Brexit transition period, UK nationals living in the European Union (EU) should affirm their EU residency. Apart from any requirements in the UK, many countries in the EU have specific requirements regarding residency. UK nationals may need to apply for residence in the country. Alternatively, they may need to register their residence.

Important Points for UK Nationals to Affirm Residency:

  • UK nationals may need to apply for a residence status to confirm they did in fact reside in the specific EU country prior to the end of the transition period (December 31, 2020)
  • Requirements and processes vary by country
  • According to the UK government, UK nationals have until June 30, 2021 to submit the application

What Happens to UK Nationals After December 31, 2020?

After December 31, immediate family members may travel to be with UK nationals. However, they may also need to submit an application prior to traveling.

The definition of immediate family members includes:

  • Spouses
  • Children/grandchildren who are dependents
  • Registered Partners
  • Parents/grandparents who are dependents

What Does This Mean?

For UK nationals living in the EU, it is important to understand their country of residence’s requirements relating to affirming residency status. Each country has specific forms and processes that should be followed. There are many complexities surrounding these requirements. Employers of UK nationals should take note to be sure their employees follow each specific requirement to ensure continued legal residency. The UK Government has a robust portal with a wealth of helpful information and resources. Here are three examples that show the wide disparity across various EU countries:

Greece

  • UK nationals must register as a resident if they plan to stay for more than 3 months. Guidance on how to register in Greece.
  • Those who are a legal resident before the transition period ends will be able to stay.
  • Rules on residency registration will change after December 31, 2020. For those already registered as a resident in Greece or those who register before December 31, 2020, their residence documents will be considered as temporary national residence permits.
  • UK nationals must further confirm their rights by obtaining a new residence document. (Note: Greece has not yet announced the process to obtain this new residency document.)
  • The Greek government has a helpful website for UK nationals living in Greece, and they may submit questions using the website’s contact form.
  • If you move to Greece after 31 December 2020, different immigration requirements will apply.

Luxembourg

  • UK nationals who move to Luxembourg before December 31, 2020 must first make a declaration of arrival at the local town hall (commune) in their locality within 8 days. Within 3 months of arrival, they must get an address registration certificate from the Commune. Following these steps and after they have received their address registration certificate, then they will need to get the new document.
  • If they require a criminal record check, they must apply for a police certificate from the ACRO Criminal Records Office. (Note: If they have never resided in the UK, they should record this in the “additional information” section on the application form.)
  • Guidance on registering in Luxembourg.
  • UK nationals who are residents in Luxembourg before the transition period ends will be able to stay.
  • They must obtain a new residence document by June 30, 2021.
  • Those who previously registered as a resident must complete an application form to obtain the new document from the Immigration Department in Luxembourg City. Guidance on the application process is provided online, along with the required application form.

Romania

What Should Employers of UK Nationals do?

Employers of UK nationals should provide guidance as to the employee’s country of residence requirements to ensure legal residency status is maintained. They should also work with a Relocation Management Company (RMC). An experienced and knowledgeable RMC will be able to help employers by identifying the specific country requirements.

The RMC will also help determine the best process to ensure all of the requirements are met. Meeting requirements will help secure legal residency status for the employee. As a result, both employers and employees will have peace of mind. They will also not face any disruptions relating to residency status.

Conclusion

Global Mobility Solutions’ team of global relocation experts has helped thousands of our clients understand how to meet country requirements for residency. Our team can help your company understand how to help employees who are UK nationals establish legal residency in their specific EU country.

GMS was the first relocation company to register as a “.com.” The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation® technology platform.

Contact our experts online to learn more about how GMS can help employees who are UK nationals establish residency in their EU country of choice, or give us a call at 800.617.1904 or 480.922.0700 today.

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What is the European Employment Strategy?

Companies with an interest in global growth should investigate the European employment strategy. In 1997, European Union (EU) member states worked to establish joint objectives and goals for the EU’s policy on employment. The goal is to create a greater number of jobs throughout the EU, and to ensure they are good jobs with potential for growth. The European employment strategy is part of the larger decade-long Europe 2020 strategy.

What is the Europe 2020 Strategy?

The Europe 2020 strategy set the EU’s agenda for growth and jobs to be achieved by 2020. Goals of the strategy are:

  1. Improve the EU’s global competitiveness
  2. Enhance worker productivity
  3. Create a foundation for a sustainable social market economy
  4. Overcome the region’s structural economic weakness

National Targets Support the European Employment Strategy

Each EU member state has the same national targets covering jobs, energy, poverty, and other measures. Many of the measures support the European employment strategy. Targets related to jobs, education, and investment include:

  1. 75% employment for those aged 20-64 to support the European employment strategy
  2. Investment in research and development at 3% of the member state’s Gross Domestic Product
  3. 40% or more of the population in the age range of 30-34 having degrees in higher education

EU member states provide data to the EU to report on their progress. As a result, progress reports have a wealth of information showing how each state is performing to the targets.

Leveraging the European Employment Strategy across 28 Member States

EU employment law protects worker rights across all of the region. However, within each member state, the employment laws often work differently. As a result, companies looking for growth in the EU must navigate differences and nuances in employment law across 28 member states. Navigating so many different member state laws can be challenging. Also, it may require a significant amount of resources to set up entities in any given region. Administrative resources must be in place to ensure compliance with EU and member state laws.

What Should Employers do About the European Employment Strategy?

Companies currently in the EU that want to leverage the European employment strategy should look into the various member state employment laws to ensure compliance. They should also look into several support programs for job creation. EU Structural Funds are in place to support employment growth, including:

  1. European Regional Development Fund

Promotes jobs at the provincial level and increases regional labor market attractiveness.

  1. European Social Fund

Supports job growth at companies and organizations, as well as new job creation. Develops resources to help workers find jobs.

Companies not currently in the EU that want to grow quickly should look into the services of an International Professional Employer Organization (PEO). International PEOs provide an employer of record solution for companies to expand quickly into new markets. The PEO will manage all aspects of the employment relationship in the EU, from onboarding to pension arrangements. Companies may be able to achieve significant savings compared to the cost of setting up their own foreign entity in the EU.

Conclusion

GMS’ team of global relocation experts has helped thousands of our clients understand how to grow their company’s international employment. Our team can also help your company understand how to work with an International PEO. Whether through global relocation or the services of an International PEO, our team can help your company leverage the European employment strategy.

GMS was the first relocation company to register as a .com, created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation™ technology platform.

Global Mobility Solutions is proud to be named and ranked #1 Overall, and #1 in Quality of Service by HRO Today’s 2019 Baker’s Dozen Customer Satisfaction Survey.

Contact our experts online to discuss your company’s interest in leveraging the European employment strategy, or give us a call at 800.617.1904 or 480.922.0700 today.

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European Central Bank Urges Banks to Proceed with Relocating UK Workers and Processes

The European Central Bank (ECB) is urging banks in the United Kingdom (UK) to prepare for a possible no-deal Brexit scenario by relocating UK workers and processes to the European Union (EU). Although the ECB believes risks to the overall EU financial stability should be manageable, it still expects banks to develop contingencies for all possibilities.

ECB Areas of Concern

The ECB notes several specific areas of concern that UK banks should address. These areas may present a number of issues that pose significant challenges for the UK banks, such as:

  • Relocating UK workers
  • Developing internal processes and systems
  • Transferring clients
  • Building local risk management capacities
  • Creating local structures of governance
  • Changing capital requirements

Need for Relocating UK Workers due to No-Deal Brexit Scenario

A no-deal Brexit scenario means EU law would no longer apply to the UK. On February 8, 2018, the European Commission Notice to Stakeholders noted several consequences in specific areas, such as:

  1. Authorizations
    1. Authorization to provide banking, payment services, and electronic money issuing will cease
    2. UK entities will need to become authorized in the EU member states they operate in
    3. EU entities with branches in the UK must comply with their operation programs
  2. Arrangements and Exposures
    1. Autonomous risk management and control frameworks
    2. Treatment of exposures to UK third parties
  3. Contracts
    1. Continuity for contract relationships will lose the EU single passport
    2. EU rules on conflicts of law and jurisdictions no longer apply to the UK

UK Banks can Mitigate the Impact of a No-Deal Brexit by Relocating UK Workers

UK banks should be able to mitigate the impact of these consequences if they prepare accordingly. These banks should proceed with relocating UK workers to the EU member states where they have operations. Also, they should examine their internal processes and controls. This will help them ensure the impact of falling out of the EU will not hinder the banking services they provide to clients.

Brexit has already impacted the UK labor market. As a result of the uncertainty, job seekers from the EU have been reducing their search for positions in the UK. These workers may also be a potential resource for new hires and talent acquisition for UK banks relocating processes to the EU.

What Does This Mean?

Banks in the UK that have clients and operations in the EU should accelerate their preparations for a no-deal Brexit scenario. They should consider relocating UK workers to EU member states. Also, they should examine internal processes and controls to ensure proper functionality within the applicable legal and regulatory environments they will operate under in such as a scenario.

GMS’ team of global experts provides analysis and guidance on several relocation industry topics in our White Paper: 2019 Industry Update. With respect to Brexit, companies should identify employees and their family members in the UK and the EU who might face issues related to their:

  • Documents
  • Visas
  • Work Permits
  • Work Authorizations
  • Travel Documents
  • Health Insurance Requirements
  • Living Arrangements

The UK has published several helpful sources of information and Brexit guidance for business. The guidance covers a wide range of topics, from “Importing after Brexit: check what you need to do” to “Prepare to work and operate in the European aviation sector after Brexit.” Companies should be sure to review the UK’s guidance to ensure they prepare accordingly, especially if they will be relocating UK workers.

Conclusion

GMS’ team of global relocation experts has helped thousands of our clients manage their need to relocate workers. Our team can help your company understand how a no-deal Brexit scenario may impact your need for relocating UK workers to the EU.

GMS was the first relocation company to register as a .com. The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation™ technology platform.

Global Mobility Solutions is proud to be named and ranked #1 Overall, and #1 in Quality of Service by HRO Today’s 2019 Baker’s Dozen Customer Satisfaction Survey.

Learn best practices from Global Mobility Solutions. GMS relocation industry and technology experts are dedicated to keeping you informed and connected. Contact our experts online to discuss your company’s interest in learning more about relocating UK workers to the EU, or give us a call at 800.617.1904 or 480.922.0700 today.

Request your complimentary Visa Program Assessment

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Brexit will Impact Free Movement Between UK and EU

Brexit will impact the free movement of people between the United Kingdom (UK) and the European Union (EU). The UK’s upcoming exit from the EU is increasingly looking to occur as a no-deal Brexit scenario. Many EU nationals are no longer looking for work in the UK. Although EU nationals are declining in the UK workforce, over 3 million, or 5% of the UK’s total population of approximately 64 million are from Europe.

UK Government to End Free Movement with Brexit

The UK government has announced that free movement will end on October 31. EU nationals who currently reside in the UK might have some uncertainty about how this will impact them. Currently EU nationals do not require documentation to live and work in the UK, other than having a valid passport. Following Brexit, EU nationals will need proof of legal status in the country for a wide range of issues such as employment, finance, and health insurance. With no current documentation yet in place to prove legal status, EU nationals in the UK prior to Brexit may not be distinguishable from those who arrive post-Brexit.

UK Government Assures EU Nationals are Welcome to Stay After Free Movement Ends

The UK government has issued assurances that EU nationals and their families are welcome to stay in the UK and apply for the EU Settlement Scheme. The UK government is currently determining how EU nationals will provide proof of their current legal status in the UK following a no-deal Brexit that also ends free movement. It has also reaffirmed the Settled Status for EU nationals and their family members even as the deadline for Brexit has been extended to October 31. As a result, the government is urging EU nationals to apply for the EU Settlement Scheme.

How can EU Nationals in the UK Apply for the EU Settlement Scheme?

The UK government has created an online portal for EU nationals who want to apply for the EU Settlement Scheme. Applicants for the new Settled Status must prove their identity and nationality. They must also demonstrate proof they live in the UK, and must declare any criminal convictions on their records. Under a no-deal Brexit scenario and the end of free movement, the deadline for EU nationals to apply is December 31, 2020.

Acceptable documents to prove identity and nationality include:

  • Current passport
  • Identification card
  • Recent photograph

UK Government Assistance for EU Nationals and their Families with the EU Settlement Scheme

The UK government is offering a wide range of assistance and support to help EU nationals and their families with the EU Settlement Scheme and application process, including:

What Does This Mean?

The UK government is working to determine how to provide EU nationals with documentation of their legal status. Also, it has set October 31 as the date for Brexit and the end of free movement, either with a deal or with a no-deal Brexit scenario. However, the UK government has also reaffirmed that EU nationals and their family members are welcome to stay in the UK. It has also encouraged EU nationals and their families to submit applications for the EU Settlement Scheme.

Of particular importance, the UK government notes that for those who have not applied by the date free movement ends on October 31, they will be able to continue living and working as they do now. EU nationals will be able to obtain employment, benefits, and services using the same method they currently employ to confirm their status and entitlement to receive such benefits. EU nationals should verify that all of their current documents such as passports and identification cards are valid and have not expired.

What Should Employers do About Free Movement Ending with Brexit?

Employers in the UK that have EU nationals as employees should provide guidance on the UK government’s efforts to assist them with applications for the EU Settlement Scheme. The UK government notes that over one million people have already received Settled or Pre-Settled Status under the Scheme. Employers should encourage EU national employees to verify all of their current documents such as passports are valid and in order, as well as for their family members.

Conclusion

GMS’ team of global relocation experts has helped thousands of our clients understand how to respond effectively to changing government regulations especially as they apply to visa and immigration issues. Our team can help your company understand how to communicate important points such as the end of free movement that may impact your EU national employees and their family members. We can also assist your company in identifying helpful guidance to provide your EU national employees regarding steps to take under Brexit such as applying for the EU Settlement Scheme.

GMS was the first relocation company to register as a .com. The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation™ technology platform.

Global Mobility Solutions is proud to be named and ranked #1 Overall, and #1 in Quality of Service by HRO Today’s 2019 Baker’s Dozen Customer Satisfaction Survey.

Learn best practices from Global Mobility Solutions, the relocation industry and technology experts who are dedicated to keeping you informed and connected. Contact our experts online to discuss your company’s interest in learning how to communicate issues regarding Brexit and the end of free movement to your employees, or give us a call at 800.617.1904 or 480.922.0700 today.

Request your complimentary Visa Program Assessment

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