Important Updates
Important Updates
June 5, 2025 | JapanJapan: Visa-Free Travel for Peruvians Starting July 2025 Announced
June 5, 2025 | United StatesBusiness Standard: Could Social Media Silence Cost You a US Student Visa? Experts Weigh In
June 5, 2025 | ChadChad: Visa Issuance Suspended for U.S. Nationals
June 5, 2025 | IrelandFragomen Grows Irish Operations with New Cork Office
June 5, 2025 | AustraliaFragomen Ranked in 2026 Edition of "Best Law Firms in Australia" by The Best Lawyers
June 5, 2025 | JapanJapan: Visa-Free Travel for Peruvians Starting July 2025 Announced
June 5, 2025 | United StatesBusiness Standard: Could Social Media Silence Cost You a US Student Visa? Experts Weigh In
June 5, 2025 | ChadChad: Visa Issuance Suspended for U.S. Nationals
June 5, 2025 | IrelandFragomen Grows Irish Operations with New Cork Office
June 5, 2025 | AustraliaFragomen Ranked in 2026 Edition of "Best Law Firms in Australia" by The Best Lawyers
June 5, 2025 | JapanJapan: Visa-Free Travel for Peruvians Starting July 2025 Announced
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcastsVideos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts
  • Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

Back to School Blues: Can I Keep my EU National Au Pair after Brexit?

September 3, 2019

Louise-Haycock

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Louise-Haycock

Louise Haycock

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9236

Related offices

  • London

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Louise-Haycock

Louise Haycock

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9236

Related offices

  • London

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Louise-Haycock

Louise Haycock

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9236

Related offices

  • London

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Louise Haycock

Childcare. It can be a headache, can't it? As a mother, I get it. As an immigration lawyer, I also understand the importance of compliance. 

I have lost count of the number of clients, friends, friends of friends and long-lost acquaintances who dropped me a line over the years to ask whether they could extend their wonderful nanny's or au pair's visa. I understood the heartache when I said that the individual to whom they had entrusted their children, invited into their home and welcomed into their family would have to return overseas because their visa required it. And this was the case well before Brexit. 

When the referendum result came through, I knew that recruiting for the childcare profession would become more difficult. My walk to the nursery is a constant reminder that so many families rely on EU nationals to look after their children and, therefore, have benefitted from free movement, which has allowed EU nationals to work in the UK without restriction.

When Brexit happens and the free movement ends, all of this will become more difficult. As if organising payroll, PAYE and a pension wasn't enough, in the future, we will also have immigration rules to understand in addition to an ever-changing political agenda—enough of a challenge for big businesses to interpret, never mind a working family.

But let’s be constructive. What do you need to know if an EU national cares for your children? 

If you have an EU national taking care of your children (this could equally be an elderly dependant, house or pet) that you directly employ as an employee, you can continue to employ that person without any further checks. Any EU national that arrives on or before 31 October 2019 (31 December 2020 in a deal), can stay and work in the UK but should apply under the EU Settlement Scheme before 31 December 2020 (30 June 2021 in a deal). This is the UK's online application procedure where the identity of the applicant is usually verified through an app (currently only available on android devices), followed by the submission of an online form and it is actually pretty good. As an employer, you will not need to check that the application has been made (and actually can’t insist that you do)  but it might be worth bringing to your employee's attention as applying and holding status under the scheme will enable the employee to avoid the risk of problems in the future when travelling. If an EU national fails to do this, the individual’s legal status will become unclear, which is best avoided. 

If you are about to employ an EU national who will be relocating to the UK, it might be worth considering having them move to the UK before 31 October 2019. In the event of a no-deal result, free movement would end soon after Brexit. Whilst plans were in place to allow EU nationals to work for at least three years, these plans are under review by the new government, so it is best to avoid the risk. There is no need for the person to start work or have a NI number by the 31st. A used travel ticket plus a bank statement showing transactions in the UK would be sufficient for a successful application. 

And the future? Well, it is concerning. Under the proposed new immigration system, nannies and au pairs would not qualify for a work permit. There is a 12-month temporary visa or a two-year visa for the younger people but these permissions come with a financial cost and are not renewable and do not provide the continuity that families crave. So, whilst there are options, the pool from which to recruit someone to look after our little darlings is decreasing. This will create challenges for families and that, in turn, will create challenges for business.

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

Louise-Haycock

Louise Haycock

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9236

Related offices

  • London

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Louise-Haycock

Louise Haycock

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9236

Related offices

  • London

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Louise-Haycock

Louise Haycock

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9236

Related offices

  • London

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Business Standard: Could Social Media Silence Cost You a US Student Visa? Experts Weigh In

Partner Daniel Pierce notes that limited social media activity or private accounts could lead to greater scrutiny for international students applying for US visas.

Learn more

Fragomen news

Fragomen Grows Irish Operations with New Cork Office

Fragomen announces the opening of a new office in Cork, expanding its presence in Ireland to better support clients across the country's southern and western regions.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in Australia" by The Best Lawyers

Fragomen is ranked both nationally and locally in "Best Law Firms in Australia" by The Best Lawyers.

Learn more

Awards

Global Mobility Lawyer Recognises Fragomen's Wout van Doren and Tanya Loughran as Tomorrow's Leaders

Global Mobility Lawyer recognises Senior Immigration Manager Wout van Doren and Manager Tanya Loughran as Tomorrow's Leaders.

Learn more

Media mentions

Khaleej Times: 30,000 jobs, AI growth: What Disneyland Abu Dhabi means for the UAE

Partner Shayan Sultan discusses how Disneyland Abu Dhabi could impact hiring, Emiratisation and immigration planning in the UAE.

Learn more

Media mentions

Space-Comm: The Rapid Expansion of the Space Sector, Expected to Reach a Value of $1.8 Trillion by 2035, Marks the Beginning of a New Era in Space Exploration and Innovation

Partner Charlotte Wills and Director Kelly Hardman co-hosted the Space Law Legal Symposium with DLA Piper, highlighting immigration’s role in space sector growth.

Learn more

Media mentions

Bloomberg: Harvard Dragged Deeper Into Trump's 'America First' Visa Fight

Partner Daniel Pierce highlighted the challenges US universities face under new visa restrictions.

Learn more

Blog post

Unlocking Talent: Why Hiring Graduates on Immigration Permissions Is a Strategic Business Move

Senior Immigration Programme Consultant Salem Barakat shares how hiring graduates on immigration permissions is a strategic business move that unlocks talent and drives innovation.

Learn more

Blog post

A1 Certificate Fraud: Key Takeaways from the 2025 ECJ Decision

Director Wim Cocquyt and Senior Immigration Consultant Marina Ocariz discuss key takeaways from the 2025 ECJ decision on A1 certificate fraud.

Learn more

Media mentions

Dubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI Workforce and Talent Mobility

Managing Partner for the Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI talent shortage and how immigration policies are helping attract talent to the region.

Learn more

Blog post

La Naturalisation française par Décret : Des règles strictes et une exigence accrue de conformité

Senior Immigration Manager Géraldine Renaudière discusses France's tightening of the naturalization-by-decree process by enforcing stricter language, legal and financial requirements.

Learn more

Media mentions

The Irish Times: ‘Without People to Build Homes, It Won’t Happen’: Construction Workers Decry Shortage of Tradespeople

Partner Ángel Bello Cortés highlights Ireland’s respected work permit system and suggests a sector-specific permit to attract more non-EEA construction workers.

Learn more

Media mentions

Business Standard: Could Social Media Silence Cost You a US Student Visa? Experts Weigh In

Partner Daniel Pierce notes that limited social media activity or private accounts could lead to greater scrutiny for international students applying for US visas.

Learn more

Fragomen news

Fragomen Grows Irish Operations with New Cork Office

Fragomen announces the opening of a new office in Cork, expanding its presence in Ireland to better support clients across the country's southern and western regions.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in Australia" by The Best Lawyers

Fragomen is ranked both nationally and locally in "Best Law Firms in Australia" by The Best Lawyers.

Learn more

Awards

Global Mobility Lawyer Recognises Fragomen's Wout van Doren and Tanya Loughran as Tomorrow's Leaders

Global Mobility Lawyer recognises Senior Immigration Manager Wout van Doren and Manager Tanya Loughran as Tomorrow's Leaders.

Learn more

Media mentions

Khaleej Times: 30,000 jobs, AI growth: What Disneyland Abu Dhabi means for the UAE

Partner Shayan Sultan discusses how Disneyland Abu Dhabi could impact hiring, Emiratisation and immigration planning in the UAE.

Learn more

Media mentions

Space-Comm: The Rapid Expansion of the Space Sector, Expected to Reach a Value of $1.8 Trillion by 2035, Marks the Beginning of a New Era in Space Exploration and Innovation

Partner Charlotte Wills and Director Kelly Hardman co-hosted the Space Law Legal Symposium with DLA Piper, highlighting immigration’s role in space sector growth.

Learn more

Media mentions

Bloomberg: Harvard Dragged Deeper Into Trump's 'America First' Visa Fight

Partner Daniel Pierce highlighted the challenges US universities face under new visa restrictions.

Learn more

Blog post

Unlocking Talent: Why Hiring Graduates on Immigration Permissions Is a Strategic Business Move

Senior Immigration Programme Consultant Salem Barakat shares how hiring graduates on immigration permissions is a strategic business move that unlocks talent and drives innovation.

Learn more

Blog post

A1 Certificate Fraud: Key Takeaways from the 2025 ECJ Decision

Director Wim Cocquyt and Senior Immigration Consultant Marina Ocariz discuss key takeaways from the 2025 ECJ decision on A1 certificate fraud.

Learn more

Media mentions

Dubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI Workforce and Talent Mobility

Managing Partner for the Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI talent shortage and how immigration policies are helping attract talent to the region.

Learn more

Blog post

La Naturalisation française par Décret : Des règles strictes et une exigence accrue de conformité

Senior Immigration Manager Géraldine Renaudière discusses France's tightening of the naturalization-by-decree process by enforcing stricter language, legal and financial requirements.

Learn more

Media mentions

The Irish Times: ‘Without People to Build Homes, It Won’t Happen’: Construction Workers Decry Shortage of Tradespeople

Partner Ángel Bello Cortés highlights Ireland’s respected work permit system and suggests a sector-specific permit to attract more non-EEA construction workers.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.