We’ve delayed posting this as the latest government guidance was only published on December 15th just 16 days before the right to free movement ends. Obviously when the Tories had four and a half years to sort this mess out why would they need to publish such guidance sooner? It might actually help disabled people sort out their care and support concerns if they had.
First off however the good bit of news is that until the end of June 2021 any employee from the EU can continue to work using their passport or identity card as proof of a right to work in the UK and they have until the end of June to apply for settled or pre-settled status.
EU citizens who are already UK residents
If your PA was a UK resident before 31st December 2020, to continue to stay and work in the UK, they must apply to the EU Settlement Scheme which is free to do. This will give them the option of two different routes to opt for but they must apply for one of these depending on which they qualify for.
Settled status – for those with five years of continuous UK residency. This mean they must have lived and worked here for 6 out of every 12 months for 5 years. They will be able to stay indefinitely and will be able to apply to be a British citizen.
If someone already had indefinite leave to enter or remain then they can continue to live in the UK without applying to the EU settlement scheme.
Or for Pre-settled status – for those who have not had five years of continuous UK residency. This status lasts for up to five years, allowing them to continue working in the UK for that time. After 5 years they can apply for settled status but aren’t committed to do so.
Having settled or pre-settled status allows EU nationals to work in the UK, access the NHS free, and access any social security payments they may be entitled to.
For both categories, they must apply by 30 June 2021. If they have not applied for one of these options by this date then any employment they undertake will be considered unlawful. The employee is responsible for organising their application and this can be applied for from outside of the UK as well as from within.
https://www.gov.uk/guidance/eu-settlement-scheme-evidence-of-uk-residence
https://www.gov.uk/guidance/eu-settlement-scheme-applying-from-outside-the-uk
EU citizens who came to the UK after 31 October 2019 should have applied to the European Temporary Leave To Remain scheme (also called the Euro TLR). When the new immigration system is introduced Euro TLR holders should be able to transition into the new immigration system
At the moment it looks as if the potential route of being a Frontier Worker where you work in the UK but live elsewhere is an option for PAs and Care Workers who have worked here before December 30th 2020 as long as they apply for this status before June 30th 2021.
However most worryingly there seems to be no option available for new staff who weren’t working in the UK already before December 30th 2020 to apply to work here in any capacity.
Employees cannot come to work in the UK using a Tourist Visa and if they did both they and you would be breaking the law.
New immigration system
The new system is points based where you gain points for certain attributes such as professional qualifications, job offers and language skills. The Skilled Worker route will include a Health and Care Visa but at the moment excludes care workers who are not recognised as being a skilled professional even though a Health Care Assistant is. It rather looks as if the Tories are still mixing up Care Worker status and Social Workers.
To apply for a visa using the Skilled Worker route you must be a qualified nurse, doctor, health professional or adult social care professional and have a job offer from the NHS or other licensed sponsor.
Applicants will need 70 points or more, must be applying for a job ‘at appropriate skill level’, speak English and have a job offer from an approved sponsor. This route as well as the skills issue appears to totally exclude anyone working on a self employed basis which many PAs and Care workers do.
This is disgraceful the Tories promised that care workers and PAs would be included, another broken promise from the Tories, but what do we expect from Tories where disability is concerned.
Far you only have to look at the welfare benefit system where persons with disabilities have barriers put in front of them and when one is over come other barriers are erected.
The crisis in social care was highlighted by Sky News today in their investigation into Social Care, https://news.sky.com/video/social-care-the-other-health-crisis-12172633.
I have also crated a petition on the subject, please see, https://you.38degrees.org.uk/petitions/solve-the-crisis-in-social-care
There is a mistake – people wishing to apply for (pre-)settled status must have arrived in the UK by the 31st of December 2020, NOT 2019
thanks have changed it now.