Critically, the freedom of movement for European Economic Area (“EEA”) and Swiss nationals ended on 31 December 2020.
As such, eligible employees need to apply for pre-settled or settled status under the scheme by 30 June 2021.
Achieving this status means that the individual resided in the UK prior to 31 December 2020 and would now have a right to live in the UK.
We don’t yet know what happens if individuals fail to register for pre-settled or settled status prior to 30 June 2021 but it seems likely that, moving forward, they would be unable to prove their right to work in the UK without that status and so it may become illegal for employers to employ/continue to employ them.
If you have employees from the EEA or Switzerland, the time is NOW to check-in with them and see if they have completed their settlement scheme application!