Can EU citizens work in the UK after Brexit?
23.03.2023
Despite the changes in legislation after Brexit, work in the UK for an EU citizen is allowed. However, it may be necessary to obtain a visa. EU citizens working in the UK after Brexit will need to get a visa to continue their career. If a citizen has already worked for the company, then the process of obtaining it will be a little easier, because the company is interested in retaining the employee.
A long-term visa for an entrepreneur or a hired specialist is essentially a residence permit in the UK. It allows you to legally live and work in the United Kingdom, as well as move your family there. Holders of a standard work visa to the UK after 5 years of continuous residence in the country can apply for ILR, and a year later may apply for citizenship.
Who are EU Citizens?
All citizens of the member states of the union are considered EU citizens, and their national passports are at the same time EU passports, as evidenced by the inscription on the cover of the document.
For example, EU citizens are:
- German nationals
- Romanians
- Portuguese citizens
- Swedish citizens
- Italian citizens
- Spanish citizens
- Bulgarian nationals
- French citizens
- Greek citizens
- and others.
EU Settlement Scheme (“EUSS”)
This scheme confirms the right of EU citizens to live and work in the UK. This status makes it possible to live and continue working without having to leave the country or apply for a different type of visa. This status is only available to EU and Swiss citizens who were living in the UK before 31 December 2020 and their family members.
Work permit: Skilled Worker visa
The most common work visa for the UK is the Skilled Worker visa. Some requirements are:
- receive an offer to work for a company whose sponsor status is approved by the British Home Office (Immigration Service);
- have confirmation of the sponsorship certificate by the employer;
- the job must be in a specialty included in the list of suitable professions on the government website;
- understand, read, write and speak English well. Knowledge of the language is usually confirmed by a test exam.
To obtain a Skilled Worker visa, you will need a Sponsorship certificate provided by your future employer. The sponsorship certificate contains the following information:
- Details of the company that invited you to work in the UK;
- Details of your future position, including salary level, place and working conditions;
- Details of the validity period of your employment contract.
Before inviting a foreigner to work, a British firm must obtain a Sponsorship licence. The British government is interested in foreign specialists coming to work in a specific company, holding a certain position there and earning at least the minimum salary which is the going rate for this position. All these tasks are successfully solved with the help of sponsorship.
To obtain a sponsorship licence, the company must meet certain requirements and be able to demonstrate that they are a genuine and legitimate business. They must also have appropriate systems in place to monitor and report on their sponsored workers, and comply with all relevant immigration laws and regulations.
Without a sponsorship licence, the company will not be able to sponsor non-UK workers to work in the UK, which could limit their ability to recruit talent from overseas and potentially impact their business operations.
Temporary Worker visa
This category provides a work permit in the UK for EU citizens to get acquainted with the social structure, lifestyle and culture of the UK, as well as work in a short-term or temporary job in the UK:
- Creative Worker – for those working in creative industries, for example, actors, dancers, musicians or members of a film crew;
- Seasonal Worker – for workers to work on farms;
- Charity Worker;
- Religious Worker;
- Government Authorized Exchange – for employees on an exchange scheme approved by the government;
- International Agreement – for employees under contracts regulated by international law.
Global Talent visa
For those few professionals whose experience and qualifications have received international recognition, there is a Global Talent visa in the UK. This unique visa category is designed to lure leaders in such areas of activity as digital technology, scientific research, academic science, art and culture to the UK.
The purpose of the visa is to attract specialists with great potential for contributing to the economy and development of the country. It does not restrict work and movement and gives a lot of freedom for activity.
This visa is issued for a period of up to five years. After that, you can apply for a permanent residence permit. After a year, you can apply for citizenship.
How can we help?
If you are unsure how to qualify to work in the UK or have any doubts about the application process, it can be helpful to seek legal advice from an experienced immigration lawyer.
An immigration lawyer can provide expert advice on the different types of work visas available, the eligibility criteria for each visa category, and the application process, including any required documentation or evidence. They can also advise on any potential challenges or issues that may arise during the visa application process, such as visa refusals or appeals.
Sterling Law provides legal assistance for employment issues in the UK. Our main advantages are:
- Expertise. We have a team of experienced immigration lawyers who specialize in UK visa applications. They can provide expert advice on a wide range of UK visa categories, including work visas and sponsor licences.
- Efficiency. As soon as we receive a request from a client, we immediately begin processing it.
- Tailored advice: Sterling Law takes a tailored approach to each case and provides personalized advice based on the specific circumstances of the client. This ensures that clients receive advice that is relevant to their situation and takes into account their unique needs and goals.
- Communication: We keep our clients regularly informed and are available to answer any questions and concerns that may arise during the visa process.
- Multilingual: Sterling Law has a team of lawyers who are fluent in several languages, including English, Russian, and Ukrainian. This means that we can provide legal advice to clients from a wide range of backgrounds and ensure that there are no language barriers.
If you want to know for sure that all documents meet the requirements, it is better to seek legal assistance from professionals in good time.
