• 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

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9236

Related offices

  • Fragomen in London

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Louise-Haycock

Louise Haycock

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9236

Related offices

  • Fragomen in London

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Louise-Haycock

Louise Haycock

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9236

Related offices

  • Fragomen in 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

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9236

Related offices

  • Fragomen in London

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Louise-Haycock

Louise Haycock

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9236

Related offices

  • Fragomen in London

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Louise-Haycock

Louise Haycock

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9236

Related offices

  • Fragomen in London

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Deutscher AnwaltSpiegel: Die Blaue Karte EU 2026

Partner Marius Tollenaere outlines the key 2026 EU Blue Card changes employers must understand to stay compliant and competitive.

Learn more

Media mentions

STV News: What Can Scots Fans Do if Their US Travel Permits Have Been Revoked?

Partner Charlotte Slocombe explained options available to Scotland fans whose US ESTAs have been denied or revoked ahead of the FIFA World Cup.

Learn more

Media mentions

Arabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal

Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.

Learn more

Blog post

Business Immigration After the Midterms (Part 3): Four Scenarios and What Employers Should Do Now

Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.

Learn more

Media mentions

People Management: Can the Government Stop Overseas Employees Visiting the UK?

Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.

Learn more

Media mentions

The PIE: Trump’s $100,000 H-1B fee ruled unlawful

Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.

Learn more

Media mentions

Bloomberg Law: Congress’ Taxing Power Key to Trump Loss on $100,000 H-1B Fee

Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Immigration Law

Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.

Learn more

Media mentions

Arbeit und Arbeitsrecht: § 45c AufenthG – Gut gemeint, aber lückenhaft?

Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.

Learn more

Video

Mexico Entry Requirements for the 2026 FIFA World Cup | #MobilityMinute

Senior Manager Sergio Flores discusses key immigration and travel considerations for individuals planning to visit Mexico during the FIFA World Cup 2026™, including visa waiver status, passport validity, FMM documentation and potential work-related visa requirements.

Learn more

Media mentions

PitchBook: Trump’s $100K H-1B Fee Was Meant to Slow Foreign Tech Hiring. It May Not Be Working.

Partner Audrea Golding discusses how top-funded startups may have greater flexibility in managing H-1B costs amid evolving hiring dynamics.

Learn more

Video

Swiss Naturalization: Understanding the Framework | #MobilityMinute

Manager Mihaela Dumitru discusses the Swiss citizenship process, including the authorities involved, key naturalization routes and why early planning is important.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Die Blaue Karte EU 2026

Partner Marius Tollenaere outlines the key 2026 EU Blue Card changes employers must understand to stay compliant and competitive.

Learn more

Media mentions

STV News: What Can Scots Fans Do if Their US Travel Permits Have Been Revoked?

Partner Charlotte Slocombe explained options available to Scotland fans whose US ESTAs have been denied or revoked ahead of the FIFA World Cup.

Learn more

Media mentions

Arabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal

Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.

Learn more

Blog post

Business Immigration After the Midterms (Part 3): Four Scenarios and What Employers Should Do Now

Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.

Learn more

Media mentions

People Management: Can the Government Stop Overseas Employees Visiting the UK?

Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.

Learn more

Media mentions

The PIE: Trump’s $100,000 H-1B fee ruled unlawful

Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.

Learn more

Media mentions

Bloomberg Law: Congress’ Taxing Power Key to Trump Loss on $100,000 H-1B Fee

Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Immigration Law

Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.

Learn more

Media mentions

Arbeit und Arbeitsrecht: § 45c AufenthG – Gut gemeint, aber lückenhaft?

Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.

Learn more

Video

Mexico Entry Requirements for the 2026 FIFA World Cup | #MobilityMinute

Senior Manager Sergio Flores discusses key immigration and travel considerations for individuals planning to visit Mexico during the FIFA World Cup 2026™, including visa waiver status, passport validity, FMM documentation and potential work-related visa requirements.

Learn more

Media mentions

PitchBook: Trump’s $100K H-1B Fee Was Meant to Slow Foreign Tech Hiring. It May Not Be Working.

Partner Audrea Golding discusses how top-funded startups may have greater flexibility in managing H-1B costs amid evolving hiring dynamics.

Learn more

Video

Swiss Naturalization: Understanding the Framework | #MobilityMinute

Manager Mihaela Dumitru discusses the Swiss citizenship process, including the authorities involved, key naturalization routes and why early planning is important.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • 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
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

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
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 11, 2026 | QatarQatar: Qatarisation Developments - Aligning Talent with Market Needs via Kawader
June 11, 2026 | CanadaCanada: Quebec Experience Program for Permanent Residence to Reopen Temporarily
June 11, 2026 | GermanyDeutscher AnwaltSpiegel: Die Blaue Karte EU 2026
June 11, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 11, 2026 | Republic of the PhilippinesPhilippines: Centralized Processing of Alien Employment Permits
June 11, 2026 | QatarQatar: Qatarisation Developments - Aligning Talent with Market Needs via Kawader
June 11, 2026 | CanadaCanada: Quebec Experience Program for Permanent Residence to Reopen Temporarily
June 11, 2026 | GermanyDeutscher AnwaltSpiegel: Die Blaue Karte EU 2026
June 11, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 11, 2026 | Republic of the PhilippinesPhilippines: Centralized Processing of Alien Employment Permits
June 11, 2026 | QatarQatar: Qatarisation Developments - Aligning Talent with Market Needs via Kawader
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.