Brexit Overview of the immigration landscape for Equity members - March 2021
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Brexit Overview of the immigration landscape for Equity members March 2021
Agenda • The end of EU Free Movement • Timeframes and steps to take • New UK immigration system • Working in the EU • Business travel • Other Considerations – Social Security • Questions Copyright © 2020 Deloitte Development LLC. All rights reserved. 2
The end of EU Free Movement Copyright © 2020 Deloitte Development LLC. All rights reserved. 3
Brexit
What did “Free Movement of People” mean?
Free Movement of People
No Travel No Work
Restrictions Permits
Family Members
Low Cost
Included
Copyright © 2020 Deloitte Development LLC. All rights reserved. 4
Timeframes and steps to take Copyright © 2020 Deloitte Development LLC. All rights reserved. 5
Timeline
The EU withdrawal process
31 January 2020 1 December 2020 1 January 2021
The UK left the EU New Immigration All EU nationals arriving on or after
System is introduced this date will require work visas. UK
nationals moving to the EU must
comply with EU27 immigration rules
EU national can continue to enter the UK for 31 December 2020 30 June 2021
work, and vice versa Deadline for EU nationals to End of grace period for EU
enter the UK without Settlement Scheme applications
restrictions, and vice versa and applications within EU under
reciprocal arrangements.
Copyright © 2020 Deloitte Development LLC. All rights reserved. 6
UK - Following the end of the transition period- 31st December 2020
What do EU citizens need to be aware of?
EU citizens who arrived in the UK by 31/12/20 must now
make an application under the EU Settlement Scheme by
30th June 2021 to secure their status in the UK.
What about family members?
If an EU national holds status under the EU Settlement
Scheme, their family members can make an application to
move to the UK from 1st January 2021, providing the
relationship began on or before 31st December 2020 and
they remain a close family member.
Copyright © 2020 Deloitte Development LLC. All rights reserved. 7UK - Following the end of the transition period
Options Available to EU nationals
Pre-Settled Status Settled Status Frontier Worker Visa Citizenship
Copyright © 2020 Deloitte Development LLC. All rights reserved. 8New UK immigration system Copyright © 2020 Deloitte Development LLC. All rights reserved. 9
Immigration Overview
Points-Based System and other immigration routes from 1 January 2021
Global Talent Skilled Worker and
Start Up T5 Temporary Family migration
Intra Company Student
Innovator Worker and other routes
Transfer (ICT)
Investor
• “High-Value” migrants • “Skilled” migrants • UK Sponsor (education • Some routes (e.g. T5 • UK spouse visas
(Investors, Start Up/ • Requires sponsorship institution) must hold a Creative and Sporting, • Family members with
Innovator, Global from UK Sponsor to licence Government Pre-settled status
Talent) work in the UK in a • Eligible to work up to Authorised Exchange
Scheme) require • Ancestry Visas
• Not sponsored skilled job 20 hours per week in
term time and full-time sponsorship from UK • BN(O) visa (from 1
• Global talent include • UK Sponsor (employer) Sponsor January 2021)
exceptional talent or must hold a licence during vacation periods
and once the course is • Youth Mobility
exceptional promise in • Minimum salary and Scheme opened to
Arts and Culture and complete
skills levels but no nationals of certain
Film and Television RLMT or cap • New Graduate Route countries, aged 18 to
fields from June 2021 30
Copyright © 2020 Deloitte Development LLC. All rights reserved. 10Global Talent
Exceptional talent and exceptional promise
Overview Criteria Processing time
• Non-sponsored visa category, but endorsement by one of ❖ The applicant must have been professionally engaged in Stage 1 – Endorsement:
the relevant bodies is required to prove that the applicant producing outstanding work that has been performed, • Usually takes up to 8 weeks for the endorsement
is a leader or potential leader in one of the following fields: presented, distributed or internationally exhibited; application to be considered. There is no fast track
➢ Academia or Research ❖ Show regular professional engagement in the last 5 currently.
➢ Arts and Culture years in their field;
➢ Digital Technology ❖ Show a substantial track record (exceptional talent) or Stage 2 – Visa Application:
• Arts Council England considers applications in disciplines of developing track record (exceptional promise) in more • The government processing time is 3-4 weeks if
dance, music, theatre, visual arts (including museums and than 1 country; applying from outside of the UK via standard
galleries), literature, combined arts. route, priority processing takes around 5 working
• The Producers Alliance for Cinema and Television days.
considers Exceptional Talent applications in disciplines of • The government processing time is up to 8 weeks,
film, television, animation, post-production, visual effects. if applying from inside the UK via standard route,
• Can stay and work in the UK for up to 5 years at a time, and 5 working days via priority route
and may be eligible for Indefinite Leave to remain after 3
(under exceptional talent) or 5 (exceptional promise)
years.
• Partner and children below the age of 18 can apply as
dependants.
Copyright © 2020 Deloitte Development LLC. All rights reserved. 11T5 (Temporary Worker)
• For those who would like to come to the UK for a period of no more 12-24 months, depending on the route
• Does not lead to settlement (permanent residency) in the UK
T5 (Temporary Worker) routes
Government Authorized
Creative and sporting Youth Mobility Scheme
Exchange Scheme
• Employee must be a T5 licenced • Must have a Sponsor, which is an • The applicant must be between 18
sponsor in the UK overarching body, that administers and 30 years old and citizens of one
• Must satisfy the relevant Code of one of the approved schemes, and of the participating countries
Practice requirements, e.g. the cannot be an individual employer, • Must not have children under the
applicant must be internationally except for a higher education age of 18 and must not previously
renowned, required for continuity, institution or government agency have spent time in the UK as a Tier 5
or the role appears on the shortage • The schemes offer work experience (Youth Mobility Scheme) migrant or
occupation list and internship aimed at graduates via working holiday maker scheme
• The applicant must be paid the and students, as well as language • Only limited number of places
minimum salary set by Equity, PACT programmes, research and available each year, e.g. Australia has
or BECTU fellowships 30,000 places, New Zealand -13,000,
• Could stay in the UK for up to 12 • Specific eligibility criteria apply to and Canada -5,000 places
months different schemes • Once the limit is reached, the
• Does not lead to Indefinite Leave to • The visa can be issued for up to 12 application will not be considered
Remain or 24 months, depending on the • A number of countries have
• Non-visa nationals could come to the scheme invitation to apply arrangements,
UK for up to 3 months without visa, whereby the applicants must submit
but must have Certificate of an expression of interest by a certain
Sponsorship assigned by an approved deadline
sponsor • The visa is issued for 2 years and any
employment is permitted, except as
a professional sportsperson
Copyright © 2020 Deloitte Development LLC. All rights reserved. 12Working in the EU countries Copyright © 2020 Deloitte Development LLC. All rights reserved. 13
France
Following the end of the transition period
UK nationals who arrived before 31 December
New arrivals after 31 December 2020
2020
• Will retain all rights they acquired as EU citizens • New UK national arrivals after the transition period will be subject to French domestic work and
• Will not require a residence permit until 1 July 2021 residence regulations
• UK nationals must be able to prove that they arrived in France before the end of the transition • New UK nationals will need to apply for a work and residence permit in order to be able to work
period and reside in France
Family members Short-term missions:
• An exemption from a work permit requirement for assignments shorter than or equal to 3
Non-EEA family members of UK nationals will also be eligible for residency, provided the relationship months in the following professional fields:
existed before the end of the transition period ➢ Sporting, cultural, artistic and scientific events and;
➢ Cinematographic, audiovisual and show production and distribution when the person is one of
the artists of the show or is part of the technical team directly attached to production.
Types of activities covered:
Cultural and artistic events: music, cinema or theatre festivals
Live show, shootings (preparation and post-production), studio recording, live concerts
Long-term missions
• A French work permit application in France usually requires labor market testing except for
certain categories of professional profiles such as artists for instance who can apply the following
plurennial work and residence permits – eligibility conditions to be checked:
- Artist interprets Talent Passport
- Talent Passport for nationally or internationally renowned individuals
Copyright © 2020 Deloitte Development LLC. All rights reserved. 14Hungary
Following the end of the transition period
UK nationals who arrived before 31 December
New arrivals after 31 December 2020
2020
• UK nationals who are residing in and have registered their EU right of residence in Hungary • Subject to domestic work and residence regulations, i.e. will need to apply for a work and
before the end of the transition period are considered beneficiaries of the Withdrawal residence permit.
Agreement. While no immediate actions are required, during the three-year interim period, a • Short-term work permits (90 days) need to be obtained by the receiving company at Hungarian
new residence document must be obtained by 31 December 2023 Labor Office.
• UK nationals who, before the end of the transition period, hold a valid permanent residence • For more than 90 days a Single Permit (combined work and residence permit) is required and
document in Hungary will have the right to exchange that document for a new permanent must be obtained by applicants themselves.
residence document, subject to new minimum or continuous residence requirements.
Family members Family members
Non-EU/EEA/Swiss family members of UK nationals will also be eligible for residency, provided the
relationship existed before 31 December 2020; this includes family members arriving after the end Non-EU/EEA/Swiss family members of UK nationals arriving after 31 December 2020 will be subject
of the transition period to domestic residence regulations.
Copyright © 2020 Deloitte Development LLC. All rights reserved. 15Germany
Following the end of the transition period
UK nationals who arrived before 31 December
New arrivals after 31 December 2020
2020
• UK nationals who are residing in and have registered their EU right of residence in Germany prior • UK nationals moving to Germany after the end of the transition period will have to apply for a
to the end of the transition period, but do not yet meet the requirements for a right of permanent work and residence permit to be able to work and reside in Germany
residence, will be required to apply for a right of residence under the Withdrawal Agreement
• The deadline to obtain the new residence document is 30 June 2021 Short-term missions of 90 days or less (Schengen rules apply)
• Those who have not yet resided continuously and lawfully for five years in Germany by the end of Special professional activities are exempt from the work/residence permit requirement:
the transition period will be able to stay until they have reached the five-year threshold. At that • Individuals as well as their assistants who are speaking or performing in the areas of science, arts
point, they will have the right to apply for permanent residence, provided they meet eligibility or sports that are of special interest
requirements • Must maintain the regular place of residence in the UK and the activity cannot exceed 90 days
• Those who have legally resided in Germany for at least an uninterrupted period of five years, but (cumulative or continuous) in a 12-month period
do not hold a permanent residence permit as an EU citizen, can apply for a right of permanent • Individuals that need to work within the scope of special cultural or musical events or work within
residence under the Withdrawal Agreement the film and television industry. The activity cannot exceed 90 days (cumulative or continuous) in
a 12-month period
Long-term missions
Culture and entertainment
• Individuals working in the arts and entertainment industry as well as their assistants who are
required for the performance may obtain prior approval from the German authorities. This also
applies to theatre, television and film personnel that are required to stay in Germany for more
than 90 days in a 12-month period
Family members Family members
Non-EU/EEA/Swiss family members of UK nationals arriving after the end of the transition period will
Non-EU/EEA/Swiss family members of U.K. nationals will also be eligible for residency, provided the be subject to new residence regulations
relationship existed before 31 December 2020; this includes family members arriving after the end
of the transition period.
Copyright © 2020 Deloitte Development LLC. All rights reserved. 16Business travel Copyright © 2020 Deloitte Development LLC. All rights reserved. 17
Beyond Brexit
Business Travel for UK nationals into the EU
‘Permissible UK nationals
Travel to Ireland,
Impact on UK activities’ vary per treated as third
which is not in the ETIS - online pre-
UK nationals must EU Member State country nationals.
nationals travelling limit activities to and there are some
Schengen area, will
Therefore, they
travel registration
remain unaffected scheme to be
to EU/EFTA those permitted of exceptions for the must apply for the
through the introduced in the
business visitors creative sector, but appropriate work
Common Travel EU (2021)
generally not permission if
Area arrangements
‘hands on’ work required
Copyright © 2020 Deloitte Development LLC. All rights reserved. 18Brexit: How are British Nationals Affected?
Activities/Length of Health insurance Passport validity Driving validity Additional documents
stay
• Schengen rules During the transition • Have at least six After the transition • Return ticket.
(90-day/180-day) period. months validity. period, some countries • Proof of financial
• ETIAS • European Health • Be less than ten may require:. means.
implementation Insurance Card is years old. • International Driver’s • Travel insurance
• What activities are valid until 31st Permit (IDP).
permitted? December 2020. • If you own your
• End of free vehicle, you may
movement After the transition need a ‘green card’ or
period. valid proof of
insurance.
• British nationals will
need to ensure they
buy travel insurance
that covers
healthcare.
Copyright © 2020 Deloitte Development LLC. All rights reserved. 19UK Business visitors
What can you do as a business visitor?
Permitted business activities – General
France Hungary Germany
• Attending business meetings; • Attending business meetings • Attending business meetings
• Attending a trade show or • Touring a company facility • Job interview
seminar/convention; • Attending a trade show or seminar • Contract negotiations
• Touring a company facility; convention
• Buying goods for sale outside the • Buying goods for sale outside the
country; country
• Attending classroom training
• Exploring business opportunities on
behalf of the employer abroad.
Copyright © 2020 Deloitte Development LLC. All rights reserved. 20Brexit: How are EU Nationals Affected?
EU identity cards Business visitor vs. visitor
1st October 2021 EU nationals can travel freely to the UK for business and tourism.
EU nationals can no longer use their national ID cards to enter the UK; a passport must be No visa required.
used . Passports with under 6 months’ validity continue to be accepted. Entry can be via e-gates.
But - Consider activities and time spent.
UNLESS
• Have settled/pre-settled status
• Have a frontier work permit
• S2 Healthcare Visitor
• Swiss Service Provider
Can continue to use national ID until December 2025
Copyright © 2020 Deloitte Development LLC. All rights reserved. 21EU Business Visitors to the UK
Permitted activities for creative workers
• Giving performances as an individual or as part of a group
•
1
Taking part in competitions or auditions
• Making personal appearances and taking part in promotional activities
• Taking part in one or more cultural events or festivals on the list of permit free festivals
• No restriction on amateur or professional artists
• Includes anyone undertaking an activity connected to the arts (performing arts, visual arts, culinary arts, literature)
2 • Personal or technical staff of an artist may support the above activities provided they are attending the same event
and are employed to work for them outside of the UK. Examples include, but are not limited to choreographers, stage
managers, make-up artists, personal bodyguards, press officers
• Film crew employed by an overseas company may visit the UK to take part in a location shoot, provided that a film or a
programme is produced and financed overseas
Permitted Paid Engagements
• Payment is allowed for short engagements, where the creative (arts or entertainment) organisation in the UK is
inviting artists to undertake a paid engagement in the UK.
• Activities may include giving lectures, performances, judging panels, professional conferences, talking about,
presenting or launching their work.
• Artists must be able to demonstrate that this is their full-time profession.
Copyright © 2020 Deloitte Development LLC. All rights reserved. 22Other Considerations – Social Security Copyright © 2020 Deloitte Development LLC. All rights reserved. 23
Transitional rules in the Withdrawal Agreement
• Individuals who are ‘covered persons’ under the terms of the Withdrawal Agreement will continue to be covered under the
1 existing EU social security co-ordination rules.
• Any cross border work between UK and EU which started before 31 December 2020, will continue to be covered by the same
regulations beyond this date for “as long as they continue without interruption” to be in a situation involving the UK and an
2 EU Member State or States (MS/MSs).
• Also individuals who fall within the Withdrawal Agreement on the basis of their residence rights will continue to be covered.
A1 certificate practicalities:
• A1 certificates should continue to be obtained as normal for covered persons;
• A1 certificates issued with expiry dates beyond 31 December 2020 will remain valid;
• “Without interruption” – European Commission and the UK government guidance indicates that this means the existing EU co-ordination rules
continue to apply as long as the individual continues to be in any cross border working situation involving UK and an EU MS or MSs, even if a change
event in existing circumstances after 31 Dec 2020.
Copyright © 2020 Deloitte Development LLC. All rights reserved. 24Going forward from 1 January 2021
The social security position for UK/EU cross border work starting on or after 1 January 2021, where individuals are not covered under the Withdrawal
Agreement, will be established under the rules provided by the social security Protocol in the Trade and Cooperation Agreement – TCA.
Trade and Cooperation Agreement between UK and EU – What we do know so far:
1 • Social security contributions will be due only in one country at a time.
• “Detached workers” rule allowing employees to remain covered in the home country social security system for up to 24 months,
where appropriate conditions are met.
• EU member states have an “opt-out” right whereby they can choose to dis-apply the Detached Worker provision. However, it
has now been confirmed that all EU member states have opted-in.
• For multi-state workers, the rules to determine the applicable legislation should remain the same.
• Benefit co-ordination provisions (old age pension, sickness benefits, etc.) are provided, largely mirroring the current
arrangements Important: Child benefit and long-term care benefit are not covered by the new co-ordination rules.
• Reciprocal healthcare arrangements are in place, largely mirroring the current arrangements (e.g. S1/EHIC).
• The UK and EU member states are allowed to charge a health fee (e.g. Immigration Health Surcharge) for individuals applying
for a permit to enter, work or reside in the EU, or the UK, respectively. This can be refunded for periods where insured in home
social security scheme, but resident in host, via the S1 (or equivalent) arrangements – see slide 8.
Copyright © 2020 Deloitte Development LLC. All rights reserved. 25Going forward from 1 January 2021
2 TCA between UK and EU - social security co-ordination Protocol - Expected updates and further clarifications:
• The type of certification which will be issued under the new TCA protocol.
• Posted/detached workers – no 5 year rule or exceptional circumstances provision in the TCA so coverage only available for
secondments up to 24 months. If over 24 months at outset, then immediately subject to host social security.
• EFTA countries (Iceland, Liechtenstein, Norway & Switzerland) – not covered in the TCA – different rules (at least for now).
• Work performed both between the UK and an EU member state, and also in an EFTA country (e.g. Switzerland) – certification
requirements?
• Ireland – new bilateral agreement effective 1 January 2021 to provide coverage for UK and Irish nationals moving between UK
and Ireland, in light of the Common Travel Area. Expect 5 year home coverage available for posted/detached workers.
Copyright © 2020 Deloitte Development LLC. All rights reserved. 26Healthcare under the TCA social security protocol
The new social security Protocol in the TCA includes similar healthcare coverage to the existing
EU regulations, but there are some differences. The key points are:
• S1 (or equivalent): An S1 certificate (or equivalent) can be obtained for workers who are
subject to social security in one country, but “resident” for social security purposes in a Immigration Health Surcharge:
different country. This can provide state healthcare coverage for Detached and/or Multi-
state workers, in a similar way as under the EU regulations. The Immigration Health Surcharge (IHS) will be
payable for most employees coming to the UK
• European Health Insurance Card (EHIC) or UK Global Health Insurance Card (GHIC): from the EU for more than 6 months, where a
Workers who are temporarily working in the UK/or EU country outside where they are work permit/visa is required. This is payable
insured for social security purposes can either use their existing EHIC, or for UK outbounds upfront as part of the visa application process.
who do not hold an EHIC or it has expired, then a new UK issued GHIC is available.
However, if a valid S1 (or equivalent) is held
• Restrictions to the above: and registered in the UK, then a
− Under the TCA protocol, EHIC/GHIC/S1s will not be valid between the UK and reimbursement of the portion of the IHS
Norway, Iceland, Liechtenstein and Switzerland. relating to the period covered by the certificate
− However, individuals who are ‘covered persons’ under the UK/EU Withdrawal can be obtained. The current rate of IHS is
Agreement can continue obtain, extend and use EHIC/S1s to obtain necessary £624 per person per year. As such, for a family
healthcare from state services in Norway, Iceland, Liechtenstein and Switzerland of 5 coming to the UK, having an S1 certificate
for the first 2 years would save £6,240. As
− For Norway, for non-covered persons, the old bilateral agreement does provide some such, we believe it will be worthwhile EU
medical coverage. This will be available for UK or Norwegian nationals on the inbounds to the UK obtaining an S1 (or
production of a valid passport. equivalent), where possible.
This places a much higher importance of having appropriate travel insurance for
travel/work in Iceland, Liechtenstein and Switzerland.
Copyright © 2020 Deloitte Development LLC. All rights reserved. 27Questions? Copyright © 2020 Deloitte Development LLC. All rights reserved. 28
This publication has been written in general terms and we recommend that you obtain professional advice before acting or refraining from action on any of the contents of this publication. Deloitte LLP accepts no liability for any loss occasioned to any person acting or refraining from action as a result of any material in this publication. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London, EC4A 3HQ, United Kingdom. Deloitte LLP is the United Kingdom affiliate of Deloitte NSE LLP, a member firm of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee (“DTTL”). DTTL and each of its member firms are legally separate and independent entities. DTTL and Deloitte NSE LLP do not provide services to clients. Please see www.deloitte.com/about to learn more about our global network of member firms. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. In the UK, Deloitte Legal covers both legal advisory (regulated by the Solicitors Regulation Authority (SRA)(licence number: 646135)) and non-SRA regulated legal consulting services. For legal, regulatory and other reasons not all member firms provide legal services. © 2020 Deloitte LLP. All rights reserved.
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