It’s finally happened. The Brexit transition period is now over and the UK officially left the EU on 31st December 2020. As a result, there are implications and changes that are affecting all of us as we continue to live and work in the UK. It’s still relatively early days though, so the full impact may not necessarily be all that clear or apparent.
In a bid to help, whether you are looking for work as a nanny in the UK or you’re looking to find a nanny, we thought we’d help provide a little clarity by outlining what the changes currently mean specifically for nannies from outside the UK. To do that, we’re looking at some of the key scenarios that are likely to occur!
Never lived in the UK before?
If someone hasn’t previously lived in the UK, then they’ll need to apply for the scheme below:
Skilled Worker Visa
The Skilled Worker Visa is a new points-based scheme for anyone wanting to apply to work in the UK. Points are awarded for various factors including having a confirmed job offer from a UK employer for a skilled role ( which nannying is deemed to be), holding certain qualifications, the ability to speak English and being paid a salary that is greater than £25,600. In order to get this visa, you’ll need to get at least 70 points.
Once you acquire a Skilled Worker visa, it will last for up to 5 years before you’ll need to extend it, although if you change employers, it’ll need to be updated.
From a Commonwealth country?
Things are different again for someone who is a citizen of one the Commonwealth countries - i.e. the countries listed below:
Anguilla, Antigua and Barbuda, Australia, The Bahamas, Bangladesh, Barbados, Belize, Bermuda, Botswana, British Antarctic Territory, British Indian Ocean Territory, Brunei, Canada, Cayman Islands, Cyprus (excluding the Sovereign base area), Dominica, Falkland Islands, Fiji, The Gambia, Ghana, Gibraltar, Grenada, Guyana, Hong Kong, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Monserrat, Namibia, Nauru, New Zealand, Nigeria, Pakistan, Papua New Guinea, Pitcairn, Henderson, Ducie and Oeno Islands, Saint Helena, Ascension and Tristan da Cunha, Saint Lucia, Samoa, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, South Georgia and the South Sandwich Islands, Sri Lanka, St Kitts and Nevis, St Vincent and The Grenadines, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Turks and Caicos Islands, Tuvalu, Uganda, Vanuatu, Virgin Islands, Zambia, Zimbabwe
If a nanny is a Commonwealth citizen, there are a range of options which may apply if they want to work in the UK including:
UK Ancestry Visa
If you’re a Commonwealth citizen and can prove that one of your grandparents was born in the UK, the Channel Islands or the Isle of Man, you could apply for a UK Ancestry visa. You’ll also need to meet the other criteria including being at least 17, having enough money so you’re not reliant on public funds and intending to work in the UK.
If you, or your parents came to the UK from a Commonwealth country before 1973, or you came to the UK from any other country before 1989, you could apply to the Windrush scheme. This would provide you with a document confirming your right to live and work in the UK.
Right of abode
If you have the right of abode, it basically means that you can live and work in the UK without any immigration restrictions at all. In order to get it though, one of your parents will have had to be born in the UK and a citizen of the UK and colonies when you were born. Alternatively, if you have been married to someone with the right of abode before 1983, you may be able to apply for a Certificate to prove that you have the right of abode too!
From the EU, EEA or Switzerland?
Nannies from the EU, EEA and Switzerland can apply to the EU Settlement scheme to enable them to continue living in the UK after 30 June 2021. Successful applications to this scheme are given either Settled Status or Pre-Settled Status. Here’s the lowdown on what we believe this means currently...
Settled and Pre-Settled Status
What Settled Status is…
Settled status is usually given if someone has lived in the UK and had continuous residence for a 5 year period. So, for 5 years in a row, you’ll need to have spent at least 6 months in any 12 month period in the UK, Isle of Man or the Channel Islands. There are of course a few exceptions to this including time spent abroad due to study, vocational training or compulsory military service.
What that means...
Once you’re given settled status though, you’ll actually be able to stay in the UK as long as you like and may even be able to apply for British citizenship, provided you’re eligible!
What Pre-Settled Status is...
Pre-Settled status is generally given to applications where someone doesn’t have the required 5 years’ continuous residence in the UK. However, they’ll need to have been actually living in the UK before 31 December 2020 or else apply as a close family member of an EU, EEA or Swiss citizen who was actually living in the UK by that same date.
What that means...
Once you’re given pre-settled status, you’ll be able to stay in the UK for a further 5 years. Then, when you do build up 5 years’ continuous residence, you can apply for settled status - provided you do it before the pre-settled status expires!
A little tip
If you reached the required 5 years’ continuous residence at some stage before 30 June 2021, you could wait until that point before applying. If your application was successful, you’d actually be given settled status first without going through the pre-settled status stage!
Been residing in the UK before 31 December 2020 but not here on that actual date?
If you’d been living in the UK before 31 December 2020 but weren’t actually here on that date, you could still apply for pre-settled status, provided you hadn’t left the UK, Isle of Man or Channel Islands for more than 6 months in any 12 month period. Once again, there are a few exceptions to this, including time spent abroad for study, serious illness or an overseas work posting.
How and where to apply
No matter which scenario applies, all applications must be made before 30 June 2021 and will require valid proof of identity and proof of residence. Details of what’s accepted and how to scan or submit the required documents can be found via the government site.
Whether you’re looking for work as a nanny in the UK or you’re looking to find a nanny, we hope that this post goes a little way to clarify things a bit, now that Brexit has finally happened!
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