Brexit resources

The UK might have now left the EU, but we remain Europeans

See our Brexit Hub of resources below.

 

Brexit updates and useful resources

BASW statements and updates

The Immigration and Social Security Coordination (EU Withdrawal) Bill.  7 October 2020

BASW response to the MAC report.  CEO Ruth Allen calls for a review of migration barriers after report warns of risks to social care under new immigration rules.  2 October 2020

BASW issues statement on Brexit Day - "We may have left the UK but we remain Europeans" 31 Jan 2020

IFSW Europe statement: "Dear Social Workers in the UK, you are leaving the EU but you will always be part of the IFSW Europe"  31 January 2020

Irish Association of Social Workers (IASW) and BASW issue joint statement about implications of Brexit  20 September 2019

Call to recognise and mitigate the risks of Brexit at IFSW European delegates meeting. (September 2019)

BASW statement on no deal Brexit bill and political future (5th September 2019) 

The Home Office has published new guidance on right to work checks for EU citizens and their family members post Brexit. (10th Sept 2019)

The UK's future immigration system (18th October 2019)

After the UK leaves the EU the Government plans to implement a new, unified immigration system, which will apply to all people who come to the UK. According to the Government they intend to implement the future immigration system from 1 January 2021. This briefing sets out the current proposals for the future immigration system, although many of the details remain unknown.

EU Settlement Scheme

There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal.

You and your family can apply to the EU Settlement Scheme to continue living in the UK. The scheme will open fully by 30 March 2019. The Home Office have published a report and summary for the public beta test phase.

The Home Office has made up to £9 million available in funding which will be used to help organisations both inform vulnerable individuals about the need to apply for settled status and support them to complete their applications to protect their status as the UK exits the EU.

You can read about the rights and status of UK nationals living in the EU after the UK leaves the EU.

An interesting blog-study that looks at the system of forcing EU residents to apply for Settled Status by a deadline and how it can create problems is available here.  

UK Government links - EU Settlement Scheme

Health and social care

Children's Services

Issues facing children arising from Britain leaving the EU

In March2019 the Home Office produced guidance for Local Authorities and social care trusts on how to support looked after children and care leavers through the EU settlement scheme.

Local authorities have a responsibility to ensure that eligible children and young people in and leaving their care are able to make a successful application through the EUSS, as failing to do so would risk them becoming undocumented. But 1/3 of LAs don’t know how many children in their care qualify for the scheme, social workers who think that a child they are working with might need to go through EUSS must help that child access legal advice.

Without proper documentation children risk losing access to secondary health care services, being barred from accessing public funds, losing the right to work or rent property, learning to drive or hold a bank account. It is never in the best interest of a child or young person to become undocumented, and local authorities have a general safeguarding duty to ensure this does not occur.

Useful links

Five ways civil society organisations can prepare for EU exit

How civil society organisations can prepare for when the UK leaves the EU.

The impact of Brexit on EU National social workers in England.

EU National social workers

Latest

Guidance by Department of Health and Social Care (updated 30th August 2019): What adult social care providers and local authorities need to do to prepare for a no-deal Brexit.

Information from the HCPC - Health and care professions council

The HCPC has confirmed that in the event of a ‘no deal’ Brexit: -

  • The registration of EU National social workers will remain valid post Brexit. As their registration period comes to an end, social workers from the EU will be able to renew their registration in the same manner as a UK national.
  • All applicants applying under UK European Mutual Recognition (EMR) who are in the process of registering, but whose registration is not yet complete before Brexit will, as far as possible, be able to conclude their applications in line with the provisions of the Directive (EU Directive 2005/26/EC).
  • Once registered all registrants are treated equally within the Fitness to Practice process.
  • All EMR applicants who have not started an application for registration in the UK before Brexit will be subject to future arrangements, these arrangements will be published before exit day.

The Department of Health and Social Care laid the Health and Care Professions (Qualifications and Entitlements (Amendment etc.)(EU Exit) Regulations 2018 in Parliament. This sets out what would happen in relation to the recognition of social work qualifications obtained in the EU.

A copy of the HCPC full response can be viewed here and is also detailed below.

EU National HCPC registrants

At the HCPC, whether a registrant applies to join the Register under their UK European Mutual Recognition (EMR) or International application route, will depend on the country in which the applicant has completed their education and training, as opposed to their nationality.

EU Nationals who wish to exercise their right to practice in the UK under EMR must meet a number of conditions. Some of these conditions mean they must be a citizen of an EEA (European Economic Area) member state or Switzerland.  They must also have the legal right to practice Social Work in their relevant state and they must have qualified in a relevant state or hold qualifications obtained outside of the EEA or Switzerland which have been recognised in another relevant European state.

EMR relies upon the mutual recognition of professional qualifications which is governed by the European Union Directive 2005/36/EC.

Impact of a ‘no deal’ Brexit

Read the latest on the Government website on what adult social care providers and local authorities need to do to prepare for a no deal Brexit.

View the Brexit no deal reading list on the Parliament website

In the context of HCPC regulation for social work, this promotes free movement within the EU and aids the process of establishment. Therefore, in the event of a ‘no deal’ Brexit, this would be the application route that would be primarily affected. 

The HCPC has provides information for EU Nationals that meet HCPC’s conditions to be considered under the EMR route below: -

Impact of a ‘no deal’ Brexit on EU Nationals who are currently registered to practice as social works

HCPC have confirmed that the registration of EU National social workers will remain valid post Brexit. As their registration period comes to an end, social workers from the EU will be able to renew their registration in the same manner as a UK National.

EU Nationals who are in the process of registration, but whose registration is not yet complete before 29th March 2019

All applicants applying under EMR who are in the process of registering, but whose registration is not yet complete before Brexit will, as far as possible, be able to conclude their applications in line with the provisions of the Directive (EU Directive 2005/26/EC).

EU nationals who are registered to practice as social workers but post 29th march are referred to HCPC for ‘fitness to practice’ issues

Once registered all registrants are treated equally within the Fitness to Practice process.

EU nationals who seek to register as social workers post Brexit

All EMR applicants who have not started an application for registration in the UK before Brexit will be subject to future arrangements, these arrangements will be published before exit day.

BASW position

BASW has been actively involved in the development of the sector’s position on the process since the original referendum was announced and lobbying Government and Parliament on the situation as it relates to social workers and service users.

If there a deal is agreed by Parliament, BASW will only comment once the implications of such a deal are known as it would be irresponsible to speculate.

Useful links

Brexit and Northern Ireland

Irish Association of Social Workers (IASW) and BASW issue joint statement about implications of Brexit

Call to recognise and mitigate the risks of Brexit at IFSW European delegates meeting

The Northern Ireland Social Care Council (NISCC)

The Northern Ireland Social Care Council (NISCC) has replied to a series of questions posed by BASW Norther Ireland to clarify the role of EU nationals following Brexit.

In January, BASW chief executive Ruth Allen wrote to NISCC to clear up ambiguity about the status of EU nationals who are social workers working in Northern Ireland post-Brexit, specifically the impact of a ‘no deal’ exit.

NISCC confirmed EU nationals who are currently registered to practice as social workers will continue to remain registered and will be able to practise, providing they have the right to live and work in the UK.

In addition, BASW Northern Ireland has joined with the Irish Association of Social Workers to ask The Office of the Tanaiste, Minister for Foreign Affairs and Trade for clarity on the implications of Brexit on cross-border social work. The full response from the minister can be found lower down this page. 

The full set of answers from NISCC are as follows:

On EU nationals who are currently registered to practise as social worker:

Q.        Can you confirm that these social workers' registration will remain valid post Brexit until their existing registration period ends, assuming they have the right to live and work in the UK?

A.        Our understanding is that providing these registrants are permitted to live and work in the UK post Brexit then they will continue to remain registered and will be able to practise.

Q.        As the registration period comes to an end, will EU nationals be able to renew their registration in the same way as a UK national would?

A.        Under our current Rules an EU national registered with the Council follows the same registration renewal process as a UK national. Providing the EU national is permitted to live and work in the UK post Brexit this process will remain the same.

On EU nationals who are in the process of registration, but whose registration is not yet complete before the 29th March 2019:

Q.        Can you confirm whether those EU nationals who have started the process of registration prior to 29th March 2019 will have their registration completed under pre­ Brexit arrangements and once registered will be considered as category 1 above?

A.        In preparation for Brexit the Department of Health have been taking forward amendments to our governing legislation - The Health and Personal Social Services Act (Northern Ireland) 2001. (the Act) The draft amendments contain Savings and Transitional provisions which state that an application for registration, renewal of registration or restoration to the register received before exit day will be subject to any provision of the 2001 Act prior to the amendments being made.

It is therefore assumed that providing the applicant is permitted to live and work in the UK post Brexit, and they meet the requirements for registration - they will be registered and able to practise in Northern Ireland.

On EU nationals who are registered to practise as social workers but post 29th March 2019 are referred to the Regulator for 'fitness to practise' issues:

Q.        Can you confirm whether EU nationals referred to the Regulator for 'fitness to practise' issues post-Brexit (and able to live and work in the UK) will be dealt with under the same processes and arrangements as UK nationals?

A.         Currently all registrants, irrespective of country of origin, are subject to the Council's Fitness to Practise Rules which are governed by Section 6 of the Act. I am not aware of any amendments to those provisions.

On EU nationals who seek to register post-Brexit:

Q.        Can you confirm the status of EU national social workers who may, or may not already be living in the UK who are qualified in the EU (including in the UK) who are seeking to register as social workers? What will be the process for them to register as social workers assuming they have leave to live and work in the UK?

A.        Providing the social worker has leave to live and work in the UK, we are assuming at this stage that the application process will require the applicant to meet the statutory requirements for registration, including holding a social work qualification which the Councll deems equivalent to the Northern Ireland Degree in Social Work.

You have also asked how many EU national social workers are registered with the NISCC. In reviewing our registration data I can confirm that there are 50 EU national social workers registered.

The Office of the Tanaiste, Minister for Foreign Affairs and Trade

BASW Northern Ireland has joined with the Irish Association of Social Workers to ask The Office of the Tanaiste, Minister for Foreign Affairs and Trade for clarity on the implications of Brexit on cross-border social work.

The full response is set out below.

Dear Ms. McGuirk & Mr. Reid,

The Tánaiste and Minister for Foreign Affairs and Trade, Simon Coveney T.D., has asked me to thank you for your letter of 6 December 2018 in relation to the implications of Brexit on cross-border social work and to reply to you on his behalf.

Your letter raises several important and complex issues with significant island of Ireland impacts. I can assure you that these are under careful consideration as part of Ireland’s wider all of Government Brexit preparedness. On receipt of your letter, this Department consulted with the Departments of Justice and Equality, Health and Children and Youth Affairs, the respective Ministers for which you copied into your correspondence to the Tánaiste. Their responses are incorporated below.

The Protocol on Ireland and Northern Ireland addresses many of the most acute challenges created by Brexit for the island of Ireland. The Withdrawal Agreement, of which the Protocol is an integral part, was agreed by the European Council on 25 November 2018.  It delivers on the shared objective of providing an absolute guarantee that a hard border will be avoided while making crystal clear that nothing in this Agreement will prejudice the constitutional status of Northern Ireland and the principle of consent as set out in the Good Friday Agreement. There are also important provisions on protecting rights in Northern Ireland and North South cooperation as well as acknowledging the continuation of the Common Travel Area. The finalised Agreement also secures transition, which is hugely important in giving certainty to citizens and businesses. The focus must now be on taking the steps necessary to see this deal ratified and implemented.

In your letter, you highlight the question of the mutual recognition of professional qualifications. The Political Declaration on the framework for the EU-UK future relationship identifies professional qualifications as an area where the EU and the UK intend to negotiate new arrangements.  In the meantime, and in view of its critical importance for those exercising professions on an all island basis including social workers, the Government is giving the matter its closest attention. Work is ongoing between the Department of Foreign Affairs and Trade and the Department of Education and Skills which has overall responsibility for the area of qualifications and with all other Departments. The Department of Health further notes that the Health and Social Care Professionals Council, CORU, established under the Health and Social Care Professionals Act 2005, provides a statutory regulation system for social workers in Ireland. Qualification recognition is one element of statutory registration and there is already a legal base in the Act for the recognition of third country qualifications into which UK qualifications will fall post-Brexit.

The necessity of maintaining the current excellent police cooperation and a functioning extradition system between Ireland and Northern Ireland (and the rest of the UK) has been identified as a key priority for Ireland.  In that respect, the Minister for Justice and Equality, Charles Flanagan T.D., has requested that officials in his Department examine the implications of Brexit for extradition between the two States and to consider the options available to address the various possible outcomes of the UK’s exit from the EU.

There are significant issues ahead for both Probation services to ensure that the post-Brexit landscape does not adversely affect the working relationships and good practice that has developed over the last decade or so. Although that post Brexit landscape remains unclear at present, both Probation Services remain committed to maintaining these relationships, the continuation of the effective management of offenders cross border and information sharing between the two services to ensure safer communities for all. 

Arrangements for looked after children, while governed in the main by the framework established by the Brussels II Regulation (22201/2003) are by and large made at local level. The framework establishes the process by which permission to place a child in another State is sought/approved and the individual elements of support required for the child in care is determined by the relevant social work team and those with whom the child will reside. At this point, and in the absence of additional unilateral action from the UK as part of the wider suite of responses to the Brexit process in general, it is anticipated that the current process will be continued. Of course, the ease of cross border travel and the continued access granted by the Common Travel Area will be a key component in minimising any disruption in this regard.

The Government has been clear and consistent in its commitment to the successful completion of the current PEACE and INTERREG programmes and to a new programme post-Brexit.  This ambition is now reflected in concrete proposals from the Commission. The Withdrawal Agreement provides for the completion of the current programmes without interruption.  In December 2018, the European Commission committed to bringing forward a proposal which will set out in legal terms how the current PEACE and INTERREG programmes will continue in a no-deal scenario.  These programmes are almost fully committed and the Commission’s proposal will ensure that these vital funding streams in support of peace and reconciliation and North South cooperation will continue to reach programme beneficiaries.  The Government is also committed to the continuation of this funding into the future.  On 29 May 2018 the Commission published a proposal for a special new PEACE PLUS programme to continue and build on the work of successive PEACE and INTERREG programmes. 

While appreciating the very serious concerns you set out in regard to the future arrangements for EU citizens in the UK, these are matters for the UK Government. It is the case that frontier workers are provided for in the Withdrawal Agreement and this is once again a reason why we are focused on its ratification and implementation. 

Rights under the UK / Republic of Ireland Common Travel Area

On 8 May 2019 the UK Government and the Government of Ireland signed a Memorandum of Understanding (MoU) concerning the Common Travel Area. It ensures the rights of Irish citizens in the UK and UK citizens living in Ireland will not change whatever the outcome of Brexit negotiations.

The MoU commits both governments to guarantee their national laws continue to ensure British and Irish citizens have reciprocal rights in each other’s state to: live, work, have professional qualifications recognised, access healthcare, access social security, access social housing, access education and training and associated student support, and register to vote in local and national elections.

Read the full MoU concerning the Common Travel Area and associated reciprocal rights and privileges.

Brexit and Cymru

The Welsh NHS confederation has shared the following Brexit at a glance update.

(January 2020)

The UK has now left the EU

“We will now enter the transition period until the end of December this year. Over the next 11 months not much will really change; reciprocal healthcare rights will be preserved, freedom of movement will continue, and the UK will remain members of EU networks. But a lot still needs to be accomplished to determine what a post-Brexit relationship with the EU looks like.

“We will continue to support members during this period and will be maintaining our FAQs, this newsletter (which will be reduced to fortnightly publications) and we will keep updating you on our policy lobbying work. 

“Rumours and misinformation surrounding what happens after 'Brexit Day' are causing concern for some people. This article considers the cold hard facts on what Brexit will mean for health and care. 

“This week, as predicted, saw a flurry of Brexit activity ahead of the departure date. We participated in a meeting of the Brexit Health Alliance, where we discussed how the health and care sector as a whole can best influence the UK Government in the next phase of negotiations to ensure patient safety remains a top priority.   

“The Migration Advisory Committee (MAC) released their anticipated commission of the proposed £30,000 salary threshold and a potential points-based immigration system once free movement ends. We welcome the recommendation to lower the salary threshold of £25,600, however we continue to be concerned that it does not go far enough to address the workforce challenges in social care despite recognition of the problem. If social care is unable to recruit internationally, the sector will simply not be able to meet the growth in demand, leading to significant implications for the health and wealth of the nation. We will continue to work closely with our health and social care colleagues in Wales to respond to any future immigration proposals put forward by the UK Government.

“We value all EU and EEA nationals working in the health service and the contribution they make, not just as professionals, but to the communities they live in. We want to encourage and support EU nationals working in health and social care to apply for the settled status scheme. The scheme is free meaning there will be no charge for applications. For complex cases www.eusswales.com details a range of third sector organisations that can provide free assistance.

“Wales will continue to be a nation with strong levels of global engagement through their International Strategy and ensuring everyone living in Wales feel welcomed and valued.”

If you have any questions about what the implementation period will mean for health and social care? Please refer to Welsh NHS Confederation  FAQs, or send in any questions to Brexitfaqs@welshconfed.org.

Please visit the Welsh NHS Confederation Website for more information and resources on current developments. 

Settled Status – Vulnerable Adults and Children

Discussions are taking place between Welsh Government, the Home Office and the Court of Protection around the complex issues involved in identifying vulnerable adults who may need support in applying for settled status.

Once these issues are understood, a ‘burden assessment’ will need to be undertaken to grasp what this will be mean for local authorities and social workers.

A ‘burden assessment’ is being undertaken in relation children, where a local authority is identified as corporate parent. This is a less complex issue than vulnerable adults, so the numbers of children involved and the potential impact on social workers should be more easily quantified.

Our understanding in BASW Cymru, is that practice guidance for social workers in supporting children to apply for settled status, will be developed.

We are liaising closely with Welsh Government and will keep our members up to date as things develop.

Preparing Wales

Read the latest information from the Welsh Government on how best to prepare for a no deal Brexit, suitable for sharing with colleagues and service users to help address any concerns they might have:

Useful links

The Welsh government and ADSS Cymru have set out useful information on what they are doing to promote the interests of Wales through Brexit.

Brexit and Scotland

SASW responds to Health & Sport Committee Call for Evidence

SASW submitted a response to the Scottish Parliament's Health & Sport Committee call for evidence into the potential impact of Brexit on health and social care in Scotland.

Immigration roundtable

SASW National Director, Trisha Hall, attended an immigration roundtable at the Scottish Parliament alongside the Cabinet Secretary for Health & Sport, Jeanne Freeman MSP and Minister for Europe, Migration and International Development, Ben Macpherson MSP. The purpose of this meeting attended by representatives across the sector was to inform and have discussion on the proposals outlined in the Immigration Whitepaper. The outcome can be found here: https://www.gov.scot/publications/scotlands-population-needs-migration-policy/

Scottish Government sets out action they are taking to support EU citizens living in Scotland.

The First Minister has written an open letter to all EU citizens in Scotland, telling them how much they value their contribution and urging them to stay in Scotland. 

The Scottish Government has produced a Stay in Scotland package of practical support and advice.

This includes a toolkit for employers to support their EU staff to Stay in Scotland including posters, a factsheet, digital content and guides. The toolkit includes suggestions about simple things employers can do to help their EU members of staff. You can find these materials at www.gov.scot/stayinscotland.

EU Citizens Advice Scotland

The Scottish Government has also announced the provision of an advice and support service for EU citizens through Citizens’ Advice Scotland and their network of citizens’ advice bureaux across Scotland.

Funded by £800,000 over three years, Citizens’ Advice Bureaux will begin increasing capacity immediately with a view to the full service being live at the beginning of March.

This new Scottish Government funded advice service will be in addition to what the UK Government is proposing.

EU Citizens' Rights Project

The EU Citizens’ Rights Project provides information, advice and support for EU citizens in Scotland and connects groups and organisations working with the community.

Useful links