Post-Brexit Immigration: Hiring from the EU in the UK and Vice Versa

Introduction

Since the United Kingdom left the European Union, the rules around immigration, working rights and hiring across borders have changed significantly. For employers and candidates alike it is very important to understand these changes and make sure you are following the correct rules and procedures. As the conditions have changed, now hiring or working involves understanding visas, permits, sponsor licences and in many cases, the same immigration systems that apply to non-EU nationals.

Our goal here is to unpack what changed and what people should currently do if they want to either work in or hire someone from the UK or vice versa.

What Changed

When the United Kingdom left the EU, the free movement right ended for EU citizens, meaning that they can no longer automatically have the right to live and work in the UK. From this moment, the UK has introduced a points-based immigration system for EU, EEA and Swiss citizens. By 30 June 2021, the EU Settlement Scheme was still available, but this is no longer a choice. All citizens wishing to work in the UK need to satisfy the points-based immigration system and pass UK criminality checks.

Hiring from the EU into the UK/ EU Nationals Working in the UK

Right to Work Checks

Employers must verify that a prospective employee has the right to work in the UK. If the EU, EEA or Swiss citizens have lived in the UK by the 31st of December 2020 and applied for Settlement Scheme, they have either the settled or pre-settled status which can be verified through a code via the online status service. In this instance, they do not need any additional requirements to be able to work in the UK. After the Brexit, EU nationals can no longer prove their right to work through only a national ID. What needs to be taken into account is that by employing someone that does not have the legal right to work in the UK or failing to carry out the proper checks, you are at a risk of committing an offence and potentially drawing penalties.

Skilled Worker & Sponsorship Routes

In case an EU citizen does not hold a settled or pre-settled status, they must go through the same immigration system as a non-EU national. One of the most common routes is through the Skilled Worker visa, which requires you to work for a UK employer that has been approved by the Home Office, have a certificate of sponsorship from your employer, do a job that’s on the list of eligible occupations and meet the minimum threshold for the salary, depending on the type of job you do.

EU Settlement Scheme

For those who were residents in the UK prior to the Brexit, the EUSS provides a route to a settled/pre-settled status. If you went through one of these procedures and you are an EU citizen, than you have the right to work and live within the UK. The employer is not responsible whether you have applied or not, but needs to thoroughly check if you hold one of these statuses.

UK Nationals Working in the EU/ Hiring UK Nationals in EU

There is a less uniform set of rules in this instance as each EU country has their own internal requirements in regards to immigration, work permits and residency rules. This is why in this situation you need to check the rules of the country you want to either work in or hire from.

In general, UK citizens no longer have automatic freedom of movement into the EU. This means they need to qualify for a work permit/ visa depending on the country. The requirements once again differ so a check must be done for that specific country and possible bilateral or EU-wide agreements the UK and the specific country are both signatory to.

One exception relates to UK citizens living in the EU prior to Brexit. In this case, they have the right to work and reside within that specific country and may be able to retain rights similar to nationals of that country. Through the Withdrawal Agreement, UK nationals have their right to work protected and largely remains the same.

Recent & Upcoming Changes/ Watch-outs

Immigration rules, visa fees, salary thresholds and other requirements can change over time. Employers/candidates should look out for announcements from UK Visas & Immigration and their destination country within the EU.

Negotiations are ongoing for a while between the UK and EU so employers/candidates should check whether there are changes regarding immigration and mobility requirements. As the potential political changes might bring a closeness in collaboration between the UK and EU, it could be easier in the future to gain your right to work in either UK or a country in the EU.

Conclusion

Hiring across the UK/EU post-Brexit remains possible, but the landscape is quite different than in the days of the freedom of movement. You need to pay greater attention to details and to the necessary applications and requirements. At RPS Legal we are able to give you legal advice on the matter, especially in relation to the Netherlands. With proper planning, compliance and preparedness, you will be able to get your work visa/ permit.