Immigration specialist advises firms to act now and help retain their EU workers

Calum Hanrahan - time to protect workforce.

FIRMS wanting to retain a valuable EU workforce post-Brexit are advised they can act now to help employees remain in the country after March 2019.

Specialist immigration solicitor Calum Hanrahan was speaking after it was revealed how a third of workers in the area’s seafood industry are from Europe. The analysis, carried out by the regional organisation Seafish, in conjunction with the Government, showed how a ‘hard Brexit’ with regards to immigration would hit the area’s labour pool.

The Government has already moved to reassure sectors that rely on EU workers. In a Brexit briefing document for the agricultural sector, released in mid-February, Environment Secretary Michael Gove pledged the UK’s commitment to seeking a “flexible migration policy overall and post-Brexit”. This followed the Government’s preparation of “transitional Brexit provisions”, which looks set to allow flexibility of movement, at least in the short term.

Further to this, Mr Hanrahan, of the region’s largest law firm Wilkin Chapman solicitors, says there is action that individuals can take now, which could be extended to businesses– acting on behalf of migrant employees who they want to retain.

The ‘Certificate of Permanent Residence’ is the European Economic Area national’s equivalent to Indefinite Leave to Remain, which EU residents can apply for if they have been in the UK for five years and are judged as a ‘qualified person’.

Mr Hanrahan explained that an individual was regarded as a ‘qualified person’ if they were in any kind of employment or self-employed, were self-sufficient, a student or actively seeking work.

“Clearly it is impossible to say for certain that the possession of a certificate of permanent residence will allow a person to remain, however they will be in a far better position with one than without come March 29, 2019. I find it hard to believe that an EEA national with a certificate of permanent residence will be asked to leave if one has been obtained,” said Mr Hanrahan.

He explained how he recently had contact with an employer who was looking to sponsor an individual employee, thereby allowing them to stay and work here. However, that business owner was considering the severe repercussions Brexit would have on their whole organisation and, as a result, was interested in ways in which they could help more than just one employee.

“There will be other businesses in the same position and, that being the case, there is nothing to stop a business acting on their employees’ behalf to help secure their employees’ UK residence status, thereby giving greater confidence that their committed workforce can remain,” explained Mr Hanrahan.

“If this is an option, then firms must act quickly as Home Office approval is currently taking six months, and as we all know, we will be exiting the EU in March of next year,” he added