What happens to all UK nationals living in Sweden after the transition period ends on 31 December 2020?
Transition period: 1 February 2020 – 31 December 2020
January 31 marked the official ending of the relationship between the European Union and the UK. The ending of the relationship invoked a period of Transition between the EU and the UK that will extend until the 31 December 2020. During this transition period the UK and European Union will continue to follow the EU rules on migration. Meaning EU nationals living in the UK or UK nationals living in the EU maintain their rights acquired as EU citizens and do not require additional forms of work or residency until the end of the transition period.
Post-transition period: 1 January 2021
EU nationals in the UK
EU nationals who relocate to or already reside in the UK prior to the end of transition period will have up to the 30 June 2021 to apply for ongoing residency in the UK. Working status will not be impacted by the end of the transition and as an EU national you maintain your working rights as a resident of the UK. The UK have implemented a process which will allow EU nationals currently in the UK, to apply for either settled or pre-settled status.
Settled status
Settled status will allow EU nationals who have been living in the UK for 5 continuous years or more to have a status that will allow them as EU nationals to reside outside the UK for a maximum of 5 years continuously. As long as the residential period outside of the UK is 5 years or less, they will not impact on their UK status. If you have EU employees that were located in the UK and are currently out of the UK on assignment it is recommended that they apply for settled status prior to the deadline on the 30 June 2021. Failure to apply for settled status will result in full work and residency permit requirements upon return to the UK post 31 Dec 2020.
Pre-settled status
Pre-settled status will be given to EU nationals resident in the UK on the 31 December 2020 with less than 5 years continuous living history in the UK. This status will allow EU nationals to remain in the UK for a period of 5 years or until they become eligible for settled status following the application deadline on the 30 June 2021. Following a period of 5 years continuous living in the UK any EU member who is in the UK on pre-settled status can apply for full settled status.
Any EU national who has previously lived in the UK cannot return after 31 Dec 2020 without the relevant work and residence permits unless in receipt of the UK settled status.
UK nationals in the EU
UK nationals who relocate to or already reside in the EU prior to the end of transition period will have up to the 30 June 2021 to apply for ongoing residency in their EU country. Working status will not be impacted by the end of the transition and as a UK national you maintain your working rights as a resident of each EU country. Each EU country will implement a process to allow UK nationals to apply for a residence permit in their country of residence. Some EU countries are considering similar set ups as the UK however this is still being defined on a country to country level. Should you wish to receive additional details regarding a specific EU country set up please contact Human Entrance to understand how we can support you and your employees.
Client watch-out
Please review your assignment populations for either UK nationals employed to an EU entity or EU nationals employed to a UK entity that are currently on an assignment. Assignments due to end before the 31 December 2020 with repatriation back to the home employing entity will not be impacted. Assignments due to end after 31 December 2020 where repatriation back to the employing entity will be needed, will be impacted by this legislation change and action may be required in advance of the 31 December 2020 deadline.
UK and EU national cross-migration following 31 December 2020
Countries are currently defining the future state of migration between the EU and the UK. As legislation is passed, we will continue to keep you our clients updated on these new legislations and what you will need to do in the future to move employees between the two.
