Are you an EU national who would like to work in the UK? There are still options post-Brexit.

With the UK’s exit from the European Union, working in the UK has become more challenging. While it is not impossible for EU nationals to come to work in the UK, there are several issues to be aware of.

1. Brexit ended free movement between the UK and Europe

One of the most notable changes brought about by Brexit was the end of free movement between the UK and EU member states. EU nationals no longer have an automatic right to live or work in the UK or to stay or settle in the UK; EU citizens now need to meet specific visa requirements, similar to those in place for non-EU nationals.

2. I am an EU national with settled or pre-settled status, can I retain residency rights?

For EU nationals who were already living in the UK before the Brexit transition period ended on 31 December 2020, the EU Settlement Scheme (EUSS) offers a pathway to retain residency rights.

• Settled status: EU nationals who have lived continuously in the UK for five years or more can apply for settled status. This status allows them to remain in the UK indefinitely, with the same rights to live, work, study and access public services.
• Pre-settled status: For those who have been in the UK for less than five years before the deadline, pre-settled status is available. This status allows them to remain in the UK for a further five years, after which they can apply for settled status once they’ve reached the five-year residency threshold.

3. What are the visa requirements for EU nationals to work in the UK?

If you’re an EU citizen who did not reside in the UK before 31 December 2020, and are not eligible to apply for the EUSS, you will now need a visa to work in the UK. There are several options for EU nationals who wish to work in the UK, the Skilled Worker visa being the most common. To be eligible for this type of visa, you must demonstrate that:

• you have a job offer from a Home Office licensed UK employer
• you will be paid the relevant minimum salary threshold
• you can speak English at the intermediate level at B1 (on the Common European Framework of Reference for languages)

Other visa options are a possibility, depending on the nature of your skills and experience, such as the Health and Care Worker visa or the Global Talent visa.

4. If I’m an EU national with settled or pre-settled status, can my family members join me in the UK?

If you’re an EU national with settled or pre-settled status, your family members can also apply to join you in the UK. For those arriving post-Brexit, family members may need to apply for family visas or the EUSS (if they meet the requirements).

5. If I’m an EU national, can I study in the UK?

Yes, possibly. EU students who would like to study in the UK would require a Student Visa for courses lasting longer than six months.

Conclusion

While Brexit has undoubtedly made it more complex for EU nationals to live and work in the UK, various pathways remain open. If you’re unsure about your status or the next steps to take, seeking legal advice is highly recommended.

Updated October, 2024

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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson. ©Gherson 2024

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