2020 has been a busy year for most businesses in the UK. Not only have small, medium, and large enterprises had to grapple with Coronavirus, but they have also had to prepare for Brexit. As if having both to deal with at the same time has not been hard enough, both of these risks involve a great deal of uncertainty, hence making it hard to plan ahead with any confidence. As of mid-December 2020, while businesses are being told to prepare for a new trading relationship with the European Union (EU), no one knows precisely what this will look like.
We know that we will not be a member of the customs union, but we don’t know if tariffs will be applied, and if so, how much and on which products. When it comes to staffing and recruitment from the EU, we know that UK businesses will no longer be able to recruit EU/EEA nationals without having a sponsor license, due to the ending of free movement. Some businesses have been able to prepare early, but others may still be getting ready for 2021. In this article, we will explain what you need to do if you need a sponsor license as soon as possible for 2021.
Make Sure You Look After Your Existing EU Staff
Depending on the scale of your business and how many EU/EEA nationals you have, you may already have the staff you need to last you into the first part of 2021. It is important to ensure that you can reassure and retain the EU nationals that you already have working for you. If they don’t already know, reassure them that when the 1st January 2021 comes, they will still be able to live and work in the UK as normal. This is because they will be eligible under the EU Settlement Scheme for pre-settled or settled status as long as they were physically present in the UK before the end of 2020. If you have any EU staff that are due to start working with you, where possible, see if they can come to the UK before the end of 2020. Any EU national in the UK before the end of 2020 will have until the end of June 2021 to apply under the EU Settlement Scheme.
Also, advise your EU staff to keep records of their life in the UK. The guidance for the scheme says, “When you apply to the EU settlement scheme you will not need to provide evidence for your entire UK residence – just enough to show whether you qualify for settled or pre-settled status. You should only need to provide 1 document dated in the last six months to be granted pre-settled status”; these may include a bank statement, payslip, mobile phone bill, utility bill, council tax bill, or a passport stamp confirming entry at the UK border.
While keeping your existing EU staff may not meet your personnel needs for 2021, by keeping who you have for longer, you can reduce the pressure on your business of having to recruit new non-UK staff using a new process.
Speak To An Immigration Solicitor As Soon As Possible
By speaking to an immigration Solicitor as soon as possible, you will be able to put in place the necessary steps to secure your sponsor license. They will explain how the process works and how to secure your license faster, and check you are eligible. Because they understand the compliance requirements on which your application will be assessed, the application process, and the documents you will need to provide, they can get the ball rolling straight away.
If there are any problems or hurdles which they can foresee, and hence may cause your application to be refused or a positive decision to be delayed, they will recommend a solution. While it may seem obvious that an immigration law firm would recommend seeking the services of the legal profession, this really is key to securing the fastest possible positive outcome. One of the reasons is that they can carry out a pre-license mock audit of your premises after you have applied to ensure you have the correct recording and reporting systems in place to comply with the duties and responsibilities of a sponsor license holder.
Apply For An Expedited Decision
The sponsor license application process normally takes eight weeks for straight forward cases (this may be more due to Christmas and New Year, however, and also due to the high demand for sponsor licenses currently following Brexit). In November 2020, the Home Office launched a new priority application system to provide a decision within ten working days, for an extra cost of £500. The Home Office website states that you will be told if you can use the priority route once you have applied. Until recently, this was not available, and hence, for some businesses who are late to the sponsor license application process, this may offer a real lifeline. And even if a decision is not made before 1st January 2021, using this service may mean the difference between having a license in January, and having to wait until March 2021.
What Else Can I Do To Speed Up The Process?
Where possible, have a member of staff in place and available who can take responsibility for ensuring you have the systems and processes in place to meet the Home Office requirements. It is also essential that you provide all of the documents requested with your application (with the content and in the format requested). And finally, don’t rush when you complete the application form; any mistakes will only lead to delays.
Wrapping Up
There is plenty of professional advice and expertise available to help you to secure a sponsor license, even at this late stage. The Home Office has been expecting a surge of applications in readiness for the ending of free movement in the EU, and hence should make a decision on your case in a timely manner.
