In March 2017 the UK Government started the process of leaving the European Union (EU). This process may affect our employees and their families. This page will provide updated information about withdrawal from the EU including EU Settlement guidance for employees and managers.

Information for Employees

Around 77 Council employees will need to apply to the EU Settlement Schemeif they wish to remain in the UK after Brexit.

The scheme allows employees that are EU, EEA or Swiss citizens and their families to continue living, working and studying in the UK, and ensures eligibility for:

  • Public services, such as healthcare and schools
  • Public funds and pensions
  • British citizenship, if you meet the requirements and want to apply

Before submitting an application, anyone affected should discuss their intentions to stay in - or leave - the UK with their line manager.

The Council can also offer support if you need to obtain confirmation of residence status from the Home Office. For assistance contact the HR Helpdesk.

Who is eligible to apply to the EU Settlement Scheme?

Except in a few cases, you’ll need to apply if:

  • You’re an EU, EEA or Swiss citizen
  • Your family member is an EU, EEA or Swiss citizen, but you are not

Family members

The EU Settlement Scheme covers all EU, EEA or Swiss citizens living in the UK and their family members. Family members do not need to be from the EU, EEA or Switzerland; they can come from anywhere in the world (referred to as non-EU citizen family members).

Family members of eligible EU, EEA or Swiss citizens

Non-EU citizen family members living in the UK by December 31st, 2020 are eligible to apply to the EU Settlement Scheme.

Your close family members that are not living in the UK by that date will be able to join you in the UK under current rules until 29 March 2022, as long as the relationship still exists.  After 29 March 2022, such family members will be able to return to the UK by applying through the applicable UK Immigration Rules. 

Children born or adopted after December 31st, 2020, and future dependents, will also have their rights protected.


Guidance for managers

More than 70 Council employees will need to apply to the EU Settlement Scheme if they wish to remain in the UK after Brexit.

The scheme allows employees that are EU, EEA or Swiss citizens and their families to continue living, working and studying in the UK, and ensures eligibility for:

  • Public services, such as healthcare and schools
  • Public funds and pensions
  • British citizenship, if you meet the requirements and want to apply

Who can apply to the EU Settlement scheme?

What do I need to do if I have a current employee affected by this?

You should speak to the employee about their intentions to stay in or leave the UK.

If they wish to stay in the UK, the employee will submit an application to the EU Settlement Scheme. They may need some employment information or documents to support their application. The HR Helpdesk are available to help.

The Home Office has advised that it is the responsibility of the individual to make an application to the EU Settlement Scheme. An employer is not required to check that an employee has applied.

What happens after an employee has applied to the EU Settlement Scheme?

The employee will receive a letter from the Home Office to advise the outcome of their application. Employees can use the online service to show you their settled status in the UK. Their status is linked to the passport or national identity card that was used to apply for the scheme.

The online check will show the outcome of their application and whether they can work and live in the UK, detailing any restrictions.

How do I record this information?

We are currently adapting our systems to record this. In the short term you should email HR Helpdesk with the name, employee ID, date of check and reference number on the online check. You should also save a copy of the online check in the employee's file/on My View. Once our systems have been amended we will contact relevant managers so we can gather and hold this information electronically.

What do I do if the employee intends to leave the UK?

You should discuss this with them and agree a leaving date – this would be dealt with as a normal resignation.

How does this affect recruitment checks?

You should continue to check that applicants have the right to work in the UK, following the Recruitment & Selection Policy and Recruitment Checklist.

As well as being able to use valid residence documentation or a passport or national identity card for recruitment checks, the applicant can also use the Home Office online checking service to prove their rights in the UK. They will be able to use the online checking service to show their right to work to an employer by letting them view their status online.

A copy of the online check should be retained and saved in docstore along with other recruitment check documents. The recruitment checklist, processes and systems will be updated in due course and the process will be automated where possible. Until this in place, you should email hrhelpdesk@falkirk.gov.uk with details of any new starts that are from EU, EEA or Switzerland with the name and check date and reference number from the online check.

The current framework for completing a "right to work" check for an EU, EEA or Swiss national is not expected to change until 2021 (with the exception being that once pre-settled or settled status is in place, EU citizens will be able to evidence their right to work using the online right to work service, if they choose to do so). Employers will not be required to undertake retrospective checks on existing EU employees, even though the basis on which they are able to work in the UK will change.


Update on the EU Settlement Scheme

There have been reports in the media and on social media regarding plans to end freedom of movement after we leave the EU, as well as what this means for EU citizens resident in the UK.

We want to reassure all EU citizens and their family members in the UK that you still have until at least 31 December 2020 to apply to the EU Settlement Scheme, even in the event of a no-deal exit. Furthermore, if someone who is eligible for status is not in the UK when we leave the EU, they will still be free to enter the UK as they are now.

Those who have not yet applied to the EU Settlement Scheme by 31 October 2019 will still have the same entitlements to work, benefits and services. Those rights will not change. EU citizens will continue to be able to prove their rights to access these benefits and services in the same way as they do now.

Further details can be found in the free movement factsheet, but please feel free to contact the Home Office in writing.


Citizen's Advice Bureau

Citizen’s Advice Scotland are providing support to EU, EEA and Swiss nationals living in Forth Valley with the EU Settlement scheme applications. The Forth Valley EU Resettlement Project (EURP) provides information, advice & support to individuals and families to apply for pre-settled status or settled status under the Government’s EU settlement scheme.

If you would like to find out more please contact your local Citizen’s Advice Bureau to make an appointment.