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Changes to EU, Swiss and Northern Ireland Nationals Rights to live and work In the UK 2021

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The 1st January 2021 sees the enforcement of restriction, as EU Citizen will not be allowed to use Article 10 or 20 residence card rights. This means EU Countries issuing Article 10 and 20 cannot use these cards in the UK if traveling to the UK if you are bringing a non-EU Family member or for your family to join an EU Citizen settled or settling in the UK.

 

What will my non-EU family member rights be in 2021?

Your family member will be required for a EU Settlement Scheme Family Permit, or a UK – issued EEA Family Permit or a UK – issued Biometric Residence Card, to have either of these visas your family member must have a valid national passport.

 

Do I have to prove my relationship with my EU family member in 2021?

If your EU family member is settled in the UK before the 31st of December 2020 and you arrived in the UK by the 31st of December 2020, you can apply as a family member provided that you can show that your relationship existed by 31st December 2020 or a non-EEA family member of an EU, EEA or Swiss family member that arrived by 31st December 2020. You will be required to show evidence of your relationship to that family member; that your relationship existed by 31st December 2020 (unless you are a child born or adopted after that date); that the relationship continues to exist on the date you apply.

 

What are my non-settled children’s rights if I am a settled EU Citizen in the UK?

if you were settled before the 31st of December 2020, you can apply for family entry clearance, provided you are able to show that your relationship existed prior to this period, as you must still supply evidence of the existing relationship, we are able to offer you support and legal representation before the Home Office.

 

What are my rights as  a EU Citizen intending to work in the UK in 2021?

You can still be offered employment, take up employment, once you have been issued a National Insurance number, which is issued with the Home Office decision documents.

 

What are my rights as a EU Citizen child primary carer in 2021?

As parent holding derivative rights in the UK, your status cards will expire on the 30th of June 2021, in addition you will still be allowed to enter the UK until this date, with the right to work and live in the UK, in addition local authorities will still continue to support your needs until such time, you will required to apply for settled or settling status, any previously held derivative rights status document will become invalid.

 

What are my rights as a child of a British or EU/Swiss Citizen in 2021?

As child holding derivative rights in the UK, your status cards will expire on the 30th of June 2021, in addition you will still be allowed to enter the UK until this date, with the right to work and live in the UK, in addition local authorities, will continue to support your needs until such time, you will be required to apply for settled or settling status, any previously held derivative rights status document will become invalid.

 

What are my rights as a primary carer of a British or EU/Swiss Citizen in 2021?

As primary carer holding derivative rights in the UK, your status cards will expire on the 30th of June 2021, in addition you will still be allowed to enter the UK until this date, with the right to work and live in the UK, in addition local authorities, will continue to support your needs until such time, you will be required to apply for settled or settling status, any previously held derivative rights status document will become invalid.

 

What are my rights as a child of a former worker or in current education from the EU/Swiss Citizen in 2021?

As a child of a former worker or in current education holding derivative rights in the UK, your status cards will expire on the 30th of June 2021, in addition you will still be allowed to enter the UK until this date, with the right to work and live in the UK, in addition local authorities, will continue to support your needs until such time, you will be required to apply for settled or settling status, any previously held derivative rights status document will become invalid.

 

How long does the Home Office take to offer a decision?

If you applied for a new EU Status Document before the 1st of January 2021, the Home Office date sought to issue you with a decision within 6 months, if your application is submitted after the date, the Home Office ought to supply you with a decision within 8 weeks.

 

Do Northern Irish Nationals have the right to settle their non-EU Families in the UK?

In simple terms Yes, but only if you have a family member who is an eligible person of Northern Ireland, whether you are an EU, EEA or Swiss citizen or not.

 

What documents do I have to show to prove I am of Northern Ireland decent?

The main sponsor must be from Northern Ireland, holding dual nationality [Northern Ireland and or British Citizen, and or at the time of their birth, have at least one parent who held British, Irish or dual citizenship (or was without any restriction on their period of residence) be living in the UK by the 31st of December 2021].

 

As an EU Citizen must I apply for permission to work?

Yes, form the 1st of January 2021, unless you were granted pre settled status prior to 31st December 2020, you must now apply for permission to work in the UK under the “Points Based System”.

The new immigration system will apply to people arriving in the UK from the 1st of January 2021. EU citizens moving to the UK to work need to get a visa in advance.

EU citizens applying for a skilled worker visa need to show they have a job offer from an approved employer sponsor to be able to apply.

 

How is my EU rights to work in the UK in 2021 checked?

In simple terms, as a registered EU nation in the UK, your intended employer can request to supply your current Biometric Residence Permit or Biometric Residence Card or status under the EU Settlement Scheme you can use the online right to work checking service while doing a video call – you must give permission to your intended employer to view your details.

 

Will my EU qualifications be enough to work in the UK?

You will not be able to work in a regulated profession if your qualification from the EU, Switzerland, Norway, Iceland or Liechtenstein is not recognised in the UK.

 

Do I still pay Social Security Contributions as an EU Employee working temporarily in the UK?

There is no straightforward answer to this matter, it really depends on whether you intend to work long term or short term in the UK, for further guidance call to discuss your intended long-term plans in the UK.

From the 1st of January 2021, if you are an employee, self-employed or an employer, where you pay your social security contributions will depend on your circumstances and the country you are coming from.

If you come work in the UK from the EU, Norway or Switzerland, you will only have to pay into one country’s social security scheme at a time. This will usually be in the UK if that is where the work takes place. However, if you are only working temporarily in the UK, you may be able to get a certificate or document to carry on paying social security contributions in the EU, Norway, Iceland, Switzerland or Liechtenstein. This means you will not have to pay social security contributions in the UK.

If you are a national of the EU, Norway, Iceland, Switzerland or Liechtenstein. This means you will not have to pay social security contributions in the UK. 

 

As a EU National can I apply for a National Insurance Number?

No, this process in not one that is completed by the DWP for EU citizens intending to live in the UK after the 1st of January 2021.

a National Insurance Number will only be issued once your immigration status document has been issued by the Home Office confirming whether you have settled or setting status or whether your right to work long term been has been granted with a certificate or approval under the Points Based System.

 

As a EU/Swiss national I entered the UK on the 10th of January 2021, will my UK employer need to check if I have the right to work?

Yes. Where a valid application for a settled or settling status is outstanding with the Home Office the ECS will issue you with a ‘long’ Certificate of Application stating that you have the right to work in the UK whilst your application for the card is being considered. A Certificate of Application which includes the right to work will give you statutory excuse if it is less than 6 months old and is accompanied by a Positive Verification Notice that you have obtained by contacting the Home Office Employer Checking Service, stating that the holder has the permission to work in the UK.

 

How long can I work as an EU Citizen without my employer getting fined?

The excuse will last for 6 months from the date of the Positive Verification Notice. If the Home Office give you a ‘short’ Certificate of Application that does not state that the work is permitted, this means you do not have the right to work and the Home Office Employer Checking Service will provide a Negative Verification Notice.

 

What is my status document is delayed? Can I still work in the UK as an EU citizen?

If the Certificate of Application is more than 6 months old from the Home Office, and yours is still not determined, your employer and yourself can apply to the Home Office for  a replacement Certificate of Application, which will again be valid for 6 months. If you work is extended, you will need to contact the Employer Checking Service again to receive a new Positive Verification Notice verifying this.

There are hundreds, possibly thousands, of new EC/Swiss nationals that may be struggling to obtain National Insurance Numbers, this will not be issued unless you can show your status in the UK.

For expert EU Immigration rights to live and work in the UK advice, call us today on 01634 202095 or email [email protected]

 

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