Under the rules of the UK’s post-Brexit points-based system, EU citizens are able to work in the UK provided they have the relevant permission. Those already resident in the UK by 31 December 2020 were required to apply for EU settled status by 30 June 2021 to safeguard their permanent status. Those coming to the UK from 1 January 2021 will need to apply for a visa to work here.
For UK employers, the post-Brexit rule changes have impacted processes for recruiting and onboarding EU nationals, in most cases, requiring the organisation to have a valid sponsor licence to hire EU nationals and ensuring Right to Work checks are adapted to adequately verify EU workers’ status.
Can EU Citizens Work in the UK?
Since Brexit, the rules governing EU citizens’ ability to work in the UK have changed significantly. Free movement between the UK and EU ended on 31 December 2020, meaning EU citizens are no longer automatically entitled to live or work in the UK. Instead, they must meet certain immigration requirements under the UK’s points-based immigration system.
EU citizens who were living and working in the UK before 1 January 2021 could apply for the EU Settlement Scheme (EUSS). Those granted settled status under the scheme can continue to work in the UK without restrictions. Individuals with pre-settled status can also work but must apply to upgrade to settled status after five years to maintain their right to live and work in the UK.
For EU citizens who wish to move to the UK now, a work visa is generally required. The most common route is the Skilled Worker visa, which allows employers to sponsor skilled workers for eligible roles. To qualify, applicants must meet specific criteria, such as having a job offer from a licensed sponsor, earning the minimum salary threshold, and demonstrating English language proficiency.
EU citizens can also apply for other visa categories, such as the Global Talent visa, for highly skilled individuals in specific fields, or the Youth Mobility Scheme, which offers temporary work opportunities for young people from certain EU countries.
Employers must carry out right to work checks before hiring any EU citizen to ensure compliance with immigration laws. For those with pre-existing EUSS status, this involves verifying their digital status. For new arrivals, employers must confirm visa eligibility.
While EU citizens can still work in the UK, they must meet the same immigration rules as non-EU nationals unless they have settled or pre-settled status. Employers and applicants alike should be mindful of these requirements to avoid potential penalties or visa refusals.
Hiring EU nationals in the UK under the points-based system
Following Brexit, UK employers must now comply with the points-based immigration system when hiring EU nationals who do not hold settled or pre-settled status under the EU Settlement Scheme (EUSS). The process involves meeting specific criteria and understanding the legal obligations as an employer.
Foreign nationals coming to the UK to work since 1 January 2021, excluding Irish citizens, need to apply and pay for a visa in advance.
The most common route for hiring EU nationals under the new system is the Skilled Worker visa. To recruit through this route, employers must first apply to the Home Office for a sponsor licence.
For a job to qualify under the Skilled Worker visa, it must meet specific requirements. The role must be on the list of eligible occupations and meet the relevant minimum salary threshold. However, certain exemptions apply, such as for shortage occupation roles or for younger workers classified as new entrants, where lower thresholds may be acceptable. Employers must also ensure that candidates meet the required skill level and English language proficiency.
Once the role and candidate meet the eligibility criteria, the employer must issue a Certificate of Sponsorship (CoS) to the prospective employee. This document is an electronic record confirming the job offer and its terms. The employee will then use the CoS to apply for their visa.
Employers should ensure compliance with all sponsorship duties, including record-keeping and reporting changes to the employee’s circumstances. Failure to meet these obligations can result in fines, licence revocation or reputational damage.
Employers must also conduct a right to work check before the new hire begins work. For EU nationals arriving under the Skilled Worker visa, this involves verifying their visa status through the Home Office online system.
Right to work checks & EU workers
Employers in the UK have a legal duty to ensure that all employees, including EU citizens, have the right to work, while for EU workers, proving your right to work is essential to securing employment and complying with UK immigration rules.
How to conduct right to work checks
Conducting a compliant right to work check is a legal obligation for employers, helping to prevent illegal working and potential penalties.
For EU citizens who arrived in the UK before 1 January 2021 and applied under the EU Settlement Scheme (EUSS), their right to work is confirmed by their settled or pre-settled status. Employers can verify this through the Home Office’s online right to work checking service. The worker will need to provide a share code and their date of birth, which the employer uses to access their immigration status. Employers are no longer allowed to accept EU passports or national identity cards as proof of right to work for individuals who do not have EUSS status.
For EU nationals arriving in the UK after 1 January 2021, the right to work is determined by their immigration status under the UK’s points-based system. Most EU workers will need a Skilled Worker visa or another valid work visa. Employers must check the individual’s visa status online using their share code and verify that the job complies with the terms of their visa, such as working hours or job role.
Employers should carry out right to work checks before an employee starts work. If the worker’s visa or pre-settled status has a time limit, a follow-up check must be conducted before it expires. Failure to conduct these checks correctly could result in civil penalties per breach or, in serious cases, criminal prosecution.
Employers must retain records of the right to work checks, including the online verification result, for the duration of the individual’s employment and for two years after they leave.
How to prove your right to work
To prove your right to work in the UK as an EU citizen, you must provide evidence of your immigration status. The rules have changed since Brexit, and EU passports or national identity cards are no longer sufficient for most individuals. Instead, proof must be provided through your immigration status under the UK’s points-based system or the EU Settlement Scheme (EUSS).
If you hold settled or pre-settled status under the EUSS, you can prove your right to work by using the Home Office’s online right to work checking service. To do this, you need to generate a share code through the Home Office website and provide it to your employer, along with your date of birth. Your employer can then use this code to confirm your status and eligibility to work.
For EU citizens who arrived in the UK after 1 January 2021, proof of your right to work will depend on your visa type. Most EU citizens working in the UK now require a Skilled Worker visa or another appropriate work visa. Employers can verify your status online using a share code provided by you.
Applying for a sponsor licence to employ EU nationals in the UK
If your organisation does not already hold a sponsorship licence and you have plans to employ EU nationals in the UK through one of the sponsorship routes, you should apply for a licence.
You will need to check your organisation is eligible to apply for a sponsor licence, select the correct type of licence for your recruitment needs, decide who will manage the licence on an ongoing basis, and apply online and pay the relevant fees.
The level of fee will depend on the type of licence sought and the size of your business. For example, for a small business applying for a skilled worker licence, the fee will be £536. For a medium or large business applying for a skilled worker licence, the fee will be £1,476.
In addition to the application fee, you will also be required to pay the Immigration Skills Charge for each skilled migrant worker you employ through the skilled worker and intra-company transfer routes. From 1 January 2021, this will include EU migrant workers. Employers must pay £1,000 per skilled worker for the first 12 months, with an additional £500 charge for each subsequent 6-month period, although discounted rates (of £364 and £182 respectively) apply to charities and small businesses.
Organisations are typically classed as a small business if the annual turnover is £10.2 million or less, or has up to 50 employees.
The standard processing time for a licence application is around eight weeks. For an additional £500, under the premium service, applicants can have an expedited decision within 10 working days.
If your licence application is successful, you will be granted an A’ rated sponsorship licence. Your licence will be valid for 4 years, subject to compliance with your sponsorship duties. For the duration of your licence validity, you will be permitted to assign Certificates of Sponsorship (CoS) to each foreign national you wish to sponsor. The fee for issuing each CoS is £239 per Skilled worker.
Visa Options for EU Citizens to Work in the UK
Since the end of free movement between the UK and the EU, EU citizens who wish to work in the UK must meet the requirements of the UK’s points-based immigration system.
The appropriate visa will depend on the applicant’s circumstances, including their skills, job offer and long-term plans. The main visa options available include:
Skilled Worker Visa
The Skilled Worker visa is the most common route for EU citizens seeking employment in the UK. This visa requires applicants to have a job offer from a licensed UK sponsor for a role that meets the minimum skill and salary thresholds. The role must be on the list of eligible occupations, and the applicant must earn at least £26,200 per year or £10.75 per hour, unless an exemption applies (e.g., shortage occupations or new entrants). Proficiency in English is also required.
Health and Care Worker Visa
EU citizens working in eligible healthcare and social care roles may apply for this specialised visa. The Health and Care Worker visa offers reduced salary thresholds, faster processing times, and lower fees compared to the Skilled Worker visa. Applicants must have a job offer from a licensed sponsor in an approved role, such as doctors, nurses, or care workers.
Global Talent Visa
The Global Talent visa is designed for highly skilled individuals in fields such as academia, research, arts, culture, and digital technology. EU citizens can apply if they are endorsed by a recognised UK body as a leader or emerging leader in their field. This visa does not require a job offer and allows flexibility to work for different employers or start a business.
Innovator Founder Visa
These visas are suitable for EU citizens who want to establish a business in the UK. The Start-up visa is for individuals starting their first business, while the Innovator visa targets experienced entrepreneurs with innovative business ideas. Both routes require endorsement from an approved UK body.
Youth Mobility Scheme Visa
The Youth Mobility Scheme visa is available to young people aged 18-30 from certain countries, including some EU nations. It allows individuals to live and work in the UK for up to two years without requiring sponsorship. This visa is ideal for temporary work opportunities.
Temporary Work Visas
Several temporary work visa categories are available for EU citizens, including:
- Seasonal Worker visa for agricultural roles.
- Charity Worker visa for unpaid voluntary roles.
- Creative Worker visa for performers, artists, or musicians working temporarily in the UK.
Graduate Visa
EU citizens who have completed a degree at a recognised UK university can apply for a Graduate visa. This allows them to stay in the UK for up to two years (three years for PhD graduates) to work or look for work without needing sponsorship.
Family Visa
EU citizens with close family members who are British citizens or settled in the UK can apply for a Family visa. This allows them to live and work in the UK, provided they meet the relationship and financial requirements.
Need assistance?
DavidsonMorris are UK business immigration specialists. We specialise in supporting employers to access the global talent market in order to meet their recruitment needs. For advice on international recruitment and employing foreign workers, contact us.
EU workers in the UK FAQs
Do EU citizens still have the right to work in the UK?
EU citizens who arrived before 1 January 2021 may have the right to work if they hold settled or pre-settled status under the EU Settlement Scheme. Those arriving after this date typically need a valid work visa.
How do employers check the right to work for EU citizens?
Employers must use the Home Office’s online right to work checking service. The employee provides a share code and date of birth, which are used to verify their immigration status.
Can employers accept an EU passport or identity card as proof of right to work?
No, EU passports or identity cards can no longer be used as proof of right to work unless the individual has settled or pre-settled status under the EU Settlement Scheme.
What is a share code, and how does it work?
A share code is a unique identifier provided by an individual that allows employers to access their immigration status online through the Home Office system.
What happens if an EU worker’s immigration status has an expiry date?
Employers must conduct a follow-up right to work check before the expiry date to confirm the individual’s continued eligibility to work in the UK.
What are the consequences of failing to carry out right to work checks?
Employers may face civil penalties or criminal prosecution for serious breaches.
Do employers need to keep records of right to work checks?
Yes, employers must retain evidence of right to work checks, such as online verification results, for the duration of the individual’s employment and for two years after they leave.
Can an employer be penalised if a right to work check is carried out incorrectly?
Conducting incorrect or incomplete checks can lead to penalties, even if the individual has the right to work. Employers must follow Home Office guidance precisely.
Glossary
| Term | Definition |
|---|---|
| Right to Work Check | A legal process employers must follow to verify that an individual is eligible to work in the UK. |
| EU Settlement Scheme (EUSS) | A scheme for EU, EEA, and Swiss citizens who arrived in the UK before 1 January 2021 to apply for settled or pre-settled status. |
| Settled Status | Immigration status granted under the EUSS for individuals who have lived in the UK for at least five years continuously. |
| Pre-Settled Status | Temporary immigration status under the EUSS for individuals who have lived in the UK for less than five years. |
| Share Code | A unique identifier generated by individuals through the Home Office system to share their immigration status with employers. |
| Skilled Worker Visa | A visa route under the UK’s points-based immigration system allowing employers to sponsor skilled workers from overseas. |
| Online Right to Work Check | A digital service provided by the Home Office for employers to verify an individual’s immigration status using a share code. |
| Immigration Status | The legal condition that defines a person’s rights to live, work, or remain in the UK, granted through visas or schemes. |
| Civil Penalty | A fine of up to £20,000 imposed on employers for hiring workers without the legal right to work in the UK. |
| Follow-Up Check | A subsequent right-to-work check required when an individual’s immigration status has an expiry date. |
| Licence to Sponsor | Permission granted by the Home Office for employers to recruit workers from outside the UK under the points-based system. |
| National Insurance Number (NINo) | A personal account number used for tax and employment purposes in the UK, but not valid as proof of right to work. |
| Digital Immigration Status | An online record of an individual’s right to live or work in the UK, replacing physical documents for many visa holders. |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
