EU Settlement Scheme: Employer toolkit

Earlier this year the government launched a toolkit for employers who employ EU citizens, to outline how the government’s EU Settlement Scheme works. The EU Settlement Scheme provides a route for EU citizens currently living and working in the UK to remain in the UK beyond June 2021. All EU citizens currently living in the UK are required to apply to the scheme to stay in the UK.    

Whilst there is no legal obligation for employers to communicate the EU settlement scheme to employees, and it remains the responsibility of the individual to make an application to the EU settlement scheme, the resources provided by the government serve as a useful tool for employers wanting to understand more about the process. 

The toolkit contains PowerPoint presentations, leaflets and guides, which highlight how the EU settlement scheme works and now an application can be made.  A template letter is also included in the toolkit, which can be sent by employers to employees.   

The deadline for applications to the EU settlement scheme is 30th June 2021.   

Recruiting EU workers not already in the UK from January 2021

A new immigration system will apply to people arriving in the UK from 1st January 2021.  EU citizens moving to the UK to work will need to get a visa in advance, and EU citizens applying for roles I the UK will need to prove they have a job offer from an ‘approved’ employer to be able to apply.

The terms associated with becoming an approved employer and gaining the necessary license is likely to result in fewer EU workers filling lower-paid landscape and horticulture roles in the UK post-Brexit.   

Any business wanting to recruit EU citizens will need a sponsor licence.  Although the eligibility criteria for the sponsor license will not represent a significant hurdle for most employers, the types of license available are likely to restrict employers in the landscape and horticulture industry employing EU citizens.  The reason for this is that the two types of license (referred to as tiers) offered to employers are not geared towards lower-paid roles offered by the landscape industry:

• Tier 2 is for long-term skilled workers, who are subject to criteria for skill level and rates of pay.  Both criteria are quite high, and likely to exclude all non-managerial roles in the landscape and horticulture industry.  Please click this link for more information.
  
  
• Tier 5 is for skilled, temporary workers in creative/sporting, charity, religious or work experience roles, which are unsuitable for landscape or horticulture roles.  

From 1st January 2021, any role offered to an EU citizen who is not already in the UK will need to meet several criteria:

• The role will need to be at a required skill level.  This skill level is roughly the same as an A-level, but the government has provided a table which explains what the equivalent levels are
  
  
• Must be able to speak English
  
  
• The job must meet the salary threshold, which is either £25,600 or the going rate for the job, whichever is higher

If the role being offered pays less than £25,600 but no less than £20,480, the government still permits EU applicants to apply if the job is for a shortage occupation or the applicant has a PhD relevant to the job.  The list of jobs in this shortage occupation are outlined on the government's website but unfortunately do not include any lower-level landscape or horticulture roles. 

There is no opportunity for employers to recruit jobs that pay at or near the minimum wage.