On 14 March the UK Parliament voted to request an extension to Article 50. 

This means the UK may not leave the EU on 29 March. Instead, the UK may leave the EU at a later date to be determined, and may then enter a Transition Period.

EU, EEA or Swiss citizens would still be able to live, work and study in Scotland until the end of any Transition Period via Free Movement. 

In addition a new UK immigration system would come into practice. 

Individuals

Whilst the EU Exit may be extended, individuals are encouraged to become familiar with the changes which may affect them, their family and friends or colleagues.

EU Settled Status and Pre-Settled Status

All EU, EEA or Swiss citizens currently living in the UK must register under the EU Settlement Scheme.

The length of time individuals have lived in the UK will determine if they apply for Settled Status (living in the UK for five or more consequtive years) or Pre-Settled Status (living in the UK for less than five years). 

More information about the Settlement Scheme is available here.

New Immigration Process

The UK Government is currently developing a new Immigration System for the UK based on the Immigration White Paper published in December. The new Immigration System is anticipated to come into practice for EU, EEA or Swiss citizens following the end of the Transition Period.

That means an EU EU, EEA or Swiss citizen moving to Scotland to live, work and/or study after the end of the Transition Period may need to apply for a visa.

Information about the current visa process is availabe from Scottish Development International here.

Workplace Rights

UK Government has committed not to change existing policy on workplace rights after Brexit. The EU (Withdrawal) Act 2018 brings EU Directives concerning workplace rights into UK law, meaning that workers in the UK will continue to be entitled to the rights they had pre-Brexit. 

Any new legislation changing those laws will be assessed as to whether they uphold this commitment. Additionally, UK Parliament will be given a vote on whether future changes to EU directives should be adopted into UK law. 

Employers

Whilst the EU Exit may be extended, businesses are encouraged to start, or continue, to plan for Brexit. For further information, click '+'.

EU Settled Status and Pre-Settled Status

All EU, EEA or Swiss citizens currently living in the UK must register under the EU Settlement Scheme.

The length of time individuals have lived in the UK will determine if they apply for Settled Status (living in the UK for five or more consequtive years) or Pre-Settled Status (living in the UK for less than five years). 

The UK Government has created an Employer Toolkit that equips employers with the right tools and information to support EU/EEA and Swiss citizens and their families to apply to the EU Settlement Scheme.

The Employer Toolkit is available here.

New Immigration Process

The UK Government is currently developing a new Immigration System for the UK based on the Immigration White Paper published in December. The new Immigration System is anticipated to come into practice for EU, EEA or Swiss citizens following the end of the Transition Period.

That means an EU EU, EEA or Swiss citizen moving to Scotland to live, work and/or study after the end of the Transition Period may need to apply for a visa. 

If you are looking to employ an EU/ EEA/Swiss citizen or international citizen, you will need to ensure the job vacancy/individual meets the requirements of the Immigration System.

Information about the current visa process is availabe from Scottish Development International here.

Workplace Rights

The UK Government has committed not to change existing policy on workplace rights after Brexit. The EU (Withdrawal) Act 2018 brings EU Directives concerning workplace rights into UK law, meaning that workers in the UK will continue to be entitled to the rights they had pre-Brexit. 

Any new legislation changing those laws will be assessed as to whether they uphold this commitment. Additionally, UK Parliament will be given a vote on whether future changes to EU directives should be adopted into UK law. 

Preparing your Business for Brexit

Visit PrepareforBrexit.scot for more information about how best to prepare your business for Brexit including topics such as Customs and Tarffis, Exporting, Supply Chain, and Data Sharing.

The website provides:

  • A Brexit self-assessment tool to help identify issues you should be considering when preparing for Brexit
  • Access to expert advice
  • A wealth of information on the Resource and News section
  • Brexit events across Scotland

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