Almost impossible’ for employers to establish who is entitled to work in UK post-Brexit

Source: New European, 31/10/2018

British tourists could face delays at European airports after Brexit
and employers may find it “impossible” to identify who is entitled to
work in the UK, the immigration minister has admitted.
In a wide-ranging session with the Commons Home Affairs Committee
Caroline Nokes said the prospect of UK travellers ending up in “rest
of the world” queues is “not unrealistic”.
Nokes told MPs the priorities in the event of a no-deal scenario are
security, the flow of goods and people, and revenue processes.
“Of course it’s feasible that there could be delays for people
travelling through EU airports.
“The prospect of them ending up in rest of the world queues at some
major airports across the continent is not unrealistic.”
Nokes also acknowledged employers may struggle to establish whether a
prospective EU worker is a long-term resident if they have not yet
obtained the status that confirms their right to live and work in the UK.
She said the issue presents a “conundrum” but denied the future system
is “unworkable”.
Under the government’s proposed settlement scheme, EU migrants who
have been in the UK for five years by the end of 2020 can apply for
“settled status”, meaning they are free to go on living and working in
the UK indefinitely.
Those who have arrived by December 31 2020 but do not have five years’
residence can seek to stay until they have, at which point they can
seek settled status.
EU citizens who arrive in the implementation period, which starts
after the official exit date in March, will face no new curbs on
living and working in the UK but will be required to register if they
intend to stay for longer than three months.
Nokes came under pressure from committee members to explain how the
system would affect businesses employing workers from the bloc.
She said: “You are absolutely right to point out that somebody who has
been here for ten years and has simply not yet been through the
scheme, it will be almost impossible for an employer to differentiate
between them and somebody who is a new arrival.”
Nokes said the approach would be “pragmatic” and the early enforcement
regime would not be “overly rigorous”.
She added: “We are quite clear that this is absolutely one of the
conundrums employers will face - that there will be people who have
rights under the settled status scheme but haven’t yet gone through
the process to evidence that.”
The settlement scheme is currently being trialled and will be fully
operational next year.
It is anticipated the total number of applications could run to more
than 3.5 million.
Nokes told the committee: “It is going to be an enormous challenge for
both employers and EU citizens who do have the right to work to make
sure we get them through the scheme as efficiently as we possibly can.”
Her evidence sparked claims the government’s approach to Brexit risks
a repeat of the Windrush scandal.
Liberal Democrat Home Affairs spokesman Sir Ed Davey said: “Millions
of EU citizens in the UK have been living under a cloud of uncertainty
for more than two years.
“Far from clearing up that uncertainty today, the immigration minister
made it worse.