Last updated: 7 January 2020
What UK English language centres need to know and do to prepare for Brexit
The Government is currently putting the Withdrawal Bill through the Commons and the Lords for a Brexit date of 31 January. If this goes to plan we will then enter a transition period until the end of the year in which travel between the EU and the UK continues as normal. The Government has not yet published its plans for its "Australian-style points-based immigration system" and so it is unclear exactly what will replace the current regulations.
We will keep continue to keep members informed on these pages and with our regular public affairs newsletters.
Read on for all the current advice and information we have.
What has English UK been doing to help members prepare for Brexit and to make sure we get the best deal for our industry?
We used the Government's Brexit Readiness Fund to run four very successful training days, Get Brexit-ready, for the sector. Read the main points below, with links to full presentations/slides/stories on our website. The EU's Brexit "flextension" means Brexit Day is now January 31 or earlier if the new Government and the EU come to an agreement.
We attended the Home Office Education Advisory Group, the DIT/DfE Education Advisory Group and the BETA Youth Industry Seminar
- The Home Office Education Advisory Group meeting included an encouraging discussion on short term study, in which officials acknowledged that a more detailed consultation was needed, recognised the importance of using accredited organisations and appeared to agree that there would be some form of short term study route. With other education organisations, we pushed for a more generous time limit for short term study and removal of the 30 day rule.
- The DIT/DfE Education Advisory Group meeting: with other members of the committee, we were able to discuss how the different sectors of UK education work together, and that ELT is an important and universal part of this.
- The BETA Youth Industry Seminar included updates on legal aspects of Brexit affecting businesses – see below for details.
Get Brexit-ready: main points from our training days for UK ELT
Our Get Brexit-ready sessions in four UK cities were packed with advice and information for members: slides, main points and video will soon be available.
Agents and markets
Bonard, English UK's insight partner, surveyed almost 200 agents about Brexit and how it might affect where they chose to send students. Patrik Pavlacic, research director, said it was vital for member centres and others in the industry to keep agents informed: "Communication is important – when we surveyed agents it became obvious to us that the main concern was lack of information and uncertainty and people not being driven by facts. It's important to have these conversations and key messages aligned across the board."
Language schools should use English UK data to diversify – but not just because of Brexit. "If was a school I would not diversify because of Brexit but because of the numbers. EU markets are in decline," Patrik said. "Looking into the future, what are the countries that will help you offset those numbers, particularly in student weeks? It's very important to make sure the messaging is right and I also want to encourage you to leverage the market information you have at your hands – it's really critical to reassess multiple times in the year if you have right market and the right pricing and are always looking out for new opportunities. The world is a very dynamic place and doing it once a year is really dangerous."
Immigration lawyer Pat Saini of Penningtons Manches Cooper reassured delegates that whether there is a deal or not, EU students can continue to enter the UK as they do now until 31 December 2020.
The most recent advice from the Government is that:
If there is a deal, ID cards will be valid for UK entry until sometime in 2021 (and until the end of 2025 for EU nationals who moved to the UK before Brexit). EEA and Swiss nationals do not need to have six months' validity on their passports.
If there is no deal, EEA national identity cards will be phased out for travel to the UK during 2020 but in other ways border crossings for EU, EEA and Swiss citizens remain unchanged.
UK ELT and GDPR
Huan Japes of English UK explained that if there is a deal, personal data can move as it does now until the end of a transition period.
If there is no deal, the Government will bring GDPR legislation into UK law so everything you currently do with personal data continues to apply but UK would become a third country from the EU's perspective. This means any agent sending personal information on behalf of a student (such as a passport scan) must have a suitable contract to ensure data can flow from the EU to the UK.
The ICO website has information and a template builder which will then help you to create contractual clauses to enable EU partners to continue sending personally identifiable data to you. This is likely to add about 15 pages to your contract and it is important to do this quickly.
UK ELT and Erasmus+
If there is a deal, Erasmus + funding is guaranteed until the end of the 2020-21 academic year and English UK has written to the Department for Education to ask them to remind national funding agencies in the EU of this.
If there is no deal, an EU document from January says funding will continue to the end of 2019 to avoid any disruptive effects as long as the UK meets its commitments to the EU. Anyone on an Erasmus+ funded course has the funding guaranteed to complete it.
The UK government has said it is interested in joining the next Erasmus period, running from 2021 to 2027.
ELT business issues and Brexit
Travlaw partner Luke Golding updated the BETA Youth Industry seminar about business issues which might be affected by Brexit. They included:
- Credit and debit card surcharges After Brexit if you sell to EEA consumers you may be able to include a small surcharge to cover costs.
- Currency Some experts predict the £ may slump if there's no deal. If so, are commercial contracts still viable? If using package travel regulations there are surcharge provisions in place of up to eight per cent.
- Commercial contracts Correct any references to EU law, and look at agreements with EU suppliers to insert standard contractual clauses (SCC). Check contracts for post-Brexit viability if there's a big currency swing – start looking at how you could exit plus termination provisions. When signing new contracts, decide whether you need more favourable termination provisions.
- Package Travel and Linked Travel Arrangements law – UK businesses which sell packages through the EU can rely on ATOL and similar legislation to protect customers if there's a problem. This won't apply under Brexit: options are to set up a new EU hub for your business to put yourself back in the current position, or obtain financial protection on a country-by country basis. Under the same regulations, an agent selling a package on behalf of a non-EEA organiser has to show the organisation has financial protection place and accept responsibility for their reliability and performance.
What action should you take now?
- Inform and reassure agents, students and parents that ID card travel is legal until the end of 2020. See what agents need to know and do.
- Prepare your business for the new immigration system: Will you need to be a Tier 4 sponsor? If so, start working on it now. Consider how you will migrate students to travelling on passports and with ETAs, and start working with your agents on this.
- If you have EU students or staff who have not applied for UK settlement and travel overseas and return to the UK after Brexit Day, ensure they get a letter from you on headed notepaper outlining their status.
- Check contracts for termination clauses and prepare to include clauses to ensure data transfer from the EU is GDPR-compliant.
- Risk-assess your business: where do your students come from? Do you need to diversify? Use English UK data including the Student Statistics and QUIC executive summaries and if you're not a QUIC member consider joining for 2020.
- Sign up for English UK Brexit updates and look out for information from us on manifestos and the election campaign.
- Read any relevant Government no-deal plans (see links below)
- Currently, EU, EEA, EFTA and Swiss-qualified teachers can have their professional status and qualifications considered for the award of Qualified Teacher Status (QTS) in England. Those recognised before Brexit day will retain that right whether or not there is a deal. If there is a deal, the UK will "seek to ensure" that these arrangements continue: if there is not, reciprocal recognition will cease to apply.
Travel arrangements if there's a no-deal Brexit
- EEA nationals will be able to study, live and work in the UK as now, until 31 December 2020
- There is no need to apply for permission to remain in the UK within three months of arriving
- The European Leave to Remain is now called the Euro TLR; EEA nationals who arrive after Brexit will have make an application if they intend to stay in the UK after 31 December 2020. Euro TLR is valid for up to 36 months.
- ID cards remain valid as a travel document but will be phased out during 2020. No further information is available at this time. EHIC cards remain valid and continue to offer access to free healthcare – see further information on this below.
- The List of Travellers scheme will continue until at least 2021. Students who are visa nationals but travelling as part of a group of EEA students will continue to be able to travel without a visa if they are listed on the form.
European Health Insurance Cards after Brexit
The Home Office has clarified how EHICs will work after Brexit.
Students can continue to use their EHIC or Provisional Replacement Card (PRC) to access free NHS healthcare if they have begun a course of education or training in England before exit day. This will apply until the end of their course, even if it finishes after exit day.
Students' EHICs may not be valid if they start their education or training in England after the UK leaves the EU. They should buy insurance to cover their healthcare as they would if visiting another non-EU country. This would not affect the rights of individuals covered by the citizens' rights agreements with Norway, Iceland, Liechtenstein and Switzerland.
EHICs issued by an EU country, Norway, Iceland, Liechtenstein or Switzerland, will be valid until the day the UK leaves the EU. They may not be valid in England after this date, depending on what agreements the UK makes with individual countries.
The UK government is aiming to agree reciprocal healthcare arrangements either with the EU, or with individual countries, Iceland, Liechtenstein, Norway and Switzerland if there is a no-deal Brexit. Reciprocal healthcare provides urgent, immediate or planned medical treatment at a reduced cost or, in some cases, free.
Healthcare cover may change if there is a no-deal Brexit, and the students' country of residence has not agreed reciprocal healthcare arrangements with the UK. Students should check with their what has been agreed with their health insurance authority.
EEA and Swiss citizens and family members resident in the UK before Brexit who successfully apply for the EU Settlement Scheme will be able to use the NHS as they do now. EU citizen arriving in the UK after Brexit can apply for European Temporary Leave to Remain, valid for 36 months, which will allow them to access the NHS.
Useful Brexit links