on Monday, 27 June 2016.
Very little may change - at least at first - while the UK starts the process of leaving the EU. The exit process will take at least two years.
The referendum result gives rise to a significant number of questions for employers.
It is likely that a lot of these questions will not be clarified until the approach to whether the UK remain within the European single market or negotiates separate trade agreements is resolved.
In the event that EEA migrants are treated in the same way as non EEA migrants, employers will have to apply to become Tier 2 Sponsors in order to sponsor all migrant employees. Under Tier 2, employers can only employ workers if there is no resident worker in the UK to be employed in that job and if the job level is high (at least degree level). Employers will have to pay an appropriate salary of which is currently fixed at least £20,800 per annum. Low skilled workers will not qualify.
No doubt there will be transitional arrangements but it may mean a great number of immigration applications which the Home Office will be required to deal with. For the time being, employers will want to reassure their overseas workers and recruits that it is business as usual so far as that is possible.
There is potentially an impact also on those who study in the UK. There are many EU pupils in schools in the UK and students studying at UK universities. What will that mean for them? Only independent schools can currently sponsor non-EEA pupils under the Tier 4 (Child) route. This means, in effect, that non-EEA children aged under 16 cannot obtain a Tier 4 visa to study at any other type of institution. In the future, will the referendum result mean that EEA pupils will only be able to study at independent schools who are Tier 4 sponsor licence holders, as Tier 4 (Child) students? Similarly university students from the EEA may eventually have to regularise their status under immigration law by having to apply as Tier 4 (General) students.
At present, this is speculation but employers need to be aware of possible changes if they employ EEA employees. Also, those independent schools with Tier 4 sponsor licences may find they have a sudden increase in pupils applying for places from the EEA. Both employers and education providers should ensure they are compliant with their obligations as sponsor licence holders. If they have any doubt about compliance, they should seek advice and guidance sooner rather than later. We will keep employers and education providers updated as and when the immigration position becomes clearer.