Stricter Post-Transition Period Rules for Entry with EU, EEA and Swiss National ID Cards and Work Authorization
December 18, 2020
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At a Glance
- The United Kingdom Visas and Immigration has released additional guidance for employers and foreign nationals planning for moves after the end of the Brexit transition period.
- European Union (EU), European Economic Area (EEA) and Swiss nationals seeking to enter the UK will generally be required to travel with their passports beginning October 1, 2021, except for those in limited enumerated circumstances for whom a national identity (ID) card will be sufficient for entry until December 31, 2025.
- Sponsored migrants with pending visa applications will not be able to begin work until their visa application has been approved if their certificate of sponsorship was issued by the sponsor on or after January 1, 2021.
- Employers and foreign nationals should ensure that their travel and work start dates align with the new guidance.
The situation
The UKVI has published guidance on the future use of EU, EEA and Swiss national identity (ID) cards to enter the United Kingdom and on work authorization timing within the immigration application process.
Use of national ID cards for entry
The following rules will apply to the use of national ID cards:
- Prior to October 1, 2021. All individuals holding EU, EEA or Swiss national ID cards will be able to enter the United Kingdom using their cards.
- After October 1, 2021 until December 21, 2025. Only individuals falling under the following categories and holding EU, EEA or Swiss national ID cards will be able to enter the United Kingdom using these cards:
- pre-settled/settled status under the European Union Settlement Scheme (EUSS);
- EUSS family permit;
- Frontier worker permit;
- S2 healthcare visitor; or
- Swiss service provider.
- Impact. EU, EEA or Swiss nationals who are used to traveling to the United Kingdom using only their national ID cards will have to ensure they carry their passports beginning October 1, 2021 unless they fall under one of the designated exceptions.
Work authorization
The following rules apply to work authorization start dates:
- Certificate of sponsorship assigned before January 1, 2021. Sponsored migrants who have been assigned a certificate of sponsorship prior to January 1, 2021; have filed an on-time application and will begin the role stated on their certificate of sponsorship can begin work before their work visa application has been approved.
- Certificate of sponsorship assigned on or after January 1, 2021. Sponsored migrants who have a certificate of sponsorship assigned to them on or after January 1, 2021 must wait until their work visa application has been approved to begin work, unless they already hold a visa allowing them to work in that job.
- Impact. Certain individuals may have to push back their start dates with employers due to the new requirement.
Background
The United Kingdom has been implementing rules to provide orderly guidance for EU, EEA and Swiss nationals who will be subject to different rules after the transition period ends on December 31, 2020, including digital filing options under the EU settlement scheme, early implementation of the new immigration system and introduction of the Frontier Worker Permit.
Looking ahead
As the United Kingdom readies for the transition period to end and has recently begun to implement a new immigration system, employers and foreign nationals should expect additional changes to be forthcoming.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
