Bursars Review | Spring 2019 | Sample

Brexit and immigration issues impacting schools At a time of great uncertainty, what is certain is that the status of EU nationals in the UK will be protected, whatever the outcome of the Brexit wranglings in Westminster. Status of EU nationals It is important to remember and to cascade to employees/pupils/parents who are EU nationals that until the UK exits from the EU, freedom of movement and EU law will continue to apply. This includes the ability to travel, reside, study and work freely in the UK. Furthermore, freedom of movement is set to continue during any transitional period. EU Settlement Scheme In preparation for exiting the EU, the UK introduced the EU Settlement Scheme in July 2018. The Scheme will provide a basis on which EU citizens residing in the UK and their family members can apply, which will then enable them to stay on in the UK beyond the end of the transitional period on 31st December 2020. The public testing phase of the Scheme opened on 21st January for EU residents with a valid EU passport and non-EU family members with a biometric residence card, with the full rollout expected by March 2019. Even in the event of a highly unlikely ‘no deal’ scenario, the roll out of the scheme is still expected to go ahead. The Scheme will only be based on residence so there is no requirement on EU nationals to demonstrate that they (or their parents in the case of children) have been exercising treaty rights in the UK (e.g. by working) as they do now. Those who have been resident in the UK for five years will get Settled Status and those who are yet to complete five years will get Pre-Settled Status . Further details about the scheme can be found at https://www.gov.uk/settled-status-eu-citizens-families Feature 11 @the_isba Spring 2019 Deal – or no deal Until the UK exits from the EU, freedom of movement and EU law will continue to apply Anything that imposesmore barriers to student mobility, as leaving the EUmay do, is likely to have a negative impact on the sector Make sure that those impacted at your school are aware of the EU settlement scheme Here is a list of frequently asked questions about applying under the Scheme: How is the application made? Online and by using the app ‘EU Exit: ID Document Check’. I don’t have an Android phone, can I still apply? Yes, as long as you have access to an Android phone. What questions will be asked? Personal details including the applicant’s National Insurance number, connection to the EU national (if the applicant is a non-EU national) and details of any criminal convictions (only serious or persistent criminal record may impact an application). Hazar El-Chamaa , partner immigration, Penningtons Manches LLP, looks at what schools can do to support their EU national staff and pupils and what they can expect from a new immigration system post-Brexit.

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