An EU national working in the UK must comply with the immigration rules introduced after Brexit. EU workers without valid status may face legal consequences, including removal from the UK and future entry restrictions.
Can EU nationals still work in the UK after Brexit?
EU nationals can work in the UK, but the rules have changed since Brexit. Freedom of movement ended on 31 December 2020, meaning EU citizens coming to the UK after this date no longer have an automatic right to work in the UK. Those who arrived before this date may continue working if they have pre-settled or settled status under the EU Settlement Scheme. Anyone arriving after must apply for a work visa, usually under the Skilled Worker route, which requires a sponsored job offer from a licensed employer.
EU nationals arriving after 1 January 2021 must meet the same immigration requirements as other non-UK citizens. Employers must ensure workers have the correct visa before hiring them. Some visas allow only specific job roles, while others provide more flexibility. Short-term work visas are available for certain industries experiencing labour shortages.
For those planning to work in the UK, it is essential to check visa requirements and ensure eligibility. Employers who hire workers without valid immigration status may receive significant fines.
Do EU nationals need a visa to work in the UK?
EU nationals who arrived in the UK before 31 December 2020 and applied under the EU Settlement Scheme do not need a visa. They can live and work freely if they hold pre-settled or settled status.
For those arriving after Brexit, a work visa is required unless another route permits employment. The most common visa is the Skilled Worker visa, but depending on the individual’s circumstances, alternative visa routes may be appropriate, such as the Health and Care visa for those in medical professions, and the Seasonal Worker visa for temporary agricultural work. Some EU nationals may qualify for visas through family ties in the UK.
How can an employer hire an EU national in the UK?
Employers must follow legal requirements when hiring EU nationals. If the individual holds settled or pre-settled status, they can work without restrictions. Employers must verify their status using the Home Office’s online right-to-work check.
For EU nationals without settled status, a work visa is required. Employers must be registered as licensed sponsors to hire workers under the Skilled Worker visa scheme. The job must meet salary and skill level requirements, and sponsorship involves additional costs and responsibilities.
Can EU nationals apply for jobs in the UK before getting a visa?
EU nationals can apply for jobs in the UK before obtaining a visa, but they cannot start working until they have the correct immigration status. Most UK employers will only consider applications from candidates who already have the right to work in the UK, as sponsoring a visa can be costly and time-consuming.
If an EU national does not have settled or pre-settled status, they will need a work visa before taking up employment. The Skilled Worker visa is the most common route, requiring a job offer from a UK employer that is a licensed sponsor. The employer must provide a Certificate of Sponsorship, and the job must meet the salary and skill threshold set by UK immigration rules.
Some industries, such as healthcare, IT, and engineering, have a shortage of skilled workers, making it easier for EU nationals to secure job offers that come with visa sponsorship. However, lower-skilled roles generally do not qualify for work visas, so applicants should check eligibility before applying.
Job seekers should research visa requirements and ensure their chosen role qualifies before applying. Employers who are willing to sponsor visas will usually state this in job advertisements.
What rights do EU nationals have when working in the UK?
EU nationals working in the UK have the same employment rights as UK citizens if they are legally employed, such as protection from discrimination, entitlement to the National Minimum Wage and access to safe working conditions.
Those with settled or pre-settled status can work freely in any job without sponsorship. Those on work visas must comply with the conditions of their visa, which may restrict job type or employer.
EU nationals also have the right to paid holiday, sick pay and other employment benefits, depending on their contract. Employers cannot treat EU workers unfairly due to their nationality, and any cases of discrimination can be reported to the relevant employment tribunal.
If an EU national believes their rights are being breached, they should seek legal advice or support from an employment lawyer.
Are EU nationals treated the same as other foreign workers in the UK?
Since Brexit, EU nationals are subject to the same immigration rules as non-EU workers. Previously, EU citizens had the right to live and work in the UK without restriction, but this changed after 31 December 2020. Now, unless they hold settled or pre-settled status, EU nationals must apply for a work visa under the same system as non-EU applicants.
The Skilled Worker visa applies to both EU and non-EU nationals, with the same salary and skill level requirements. Employers must be licensed sponsors and provide a Certificate of Sponsorship before a visa application can be made.
Can EU nationals work in the UK on a tourist visa?
EU nationals cannot work in the UK while on a tourist visa. The UK’s immigration rules strictly prohibit any form of employment, including paid and unpaid work, under a standard visitor visa.
A tourist visa only allows EU nationals to visit for leisure, short business meetings or family visits. Some limited business activities are allowed on a visitor visa, such as attending meetings, signing contracts or conducting site visits. However, these activities must not involve actual employment or direct service delivery to a UK company. Engaging in employment, including remote work for a UK-based employer, is not permitted. Those caught working without the correct visa could be removed from the UK and potentially banned from re-entry.
If an EU national wants to work in the UK, they must apply for the appropriate visa before starting employment. Options include the Skilled Worker visa for long-term jobs or short-term visas for specific sectors such as seasonal agriculture.
Do EU nationals need a National Insurance number to work in the UK?
Yes, EU nationals working in the UK need a National Insurance (NI) number to pay tax and access state benefits. However, they can start working without one as long as they have the legal right to work.
The NI number is used by HM Revenue & Customs (HMRC) and the Department for Work and Pensions (DWP) to track tax payments and contributions to the UK’s social security system. Employers will usually ask for an NI number when hiring a new worker, but it is possible to start employment while waiting for one.
EU nationals who hold pre-settled or settled status can apply for an NI number online through the UK government website. Those on a work visa may receive an NI number automatically with their eVisa, but if not, they will need to apply separately.
Without an NI number, tax deductions may be higher and workers may struggle to access certain benefits. It is recommended to apply as soon as possible after securing a job in the UK. Employers can provide assistance if needed, and the process typically takes a few weeks to complete.
What happens if an EU national works in the UK without the correct visa?
Working in the UK without the correct visa can lead to serious consequences. EU nationals who do not have settled or pre-settled status must obtain a work visa before taking up employment. If they work without the proper authorisation, they risk fines, deportation and future immigration bans.
Employers are legally required to check the right to work status of all employees. If they fail to do so and hire someone without permission to work, they could face penalties of up to £45,000 per first breach. Businesses found to be employing illegal workers may also lose their sponsorship licence, making it harder to recruit foreign staff in the future.
For the worker, being caught without the correct visa can result in removal from the UK and difficulty reapplying for visas in the future. If an EU national was unaware of their immigration status or made an honest mistake, they should seek legal advice immediately. In some cases, it may be possible to regularise their status through an appropriate visa route.
It is essential for EU nationals to check their immigration status and obtain the correct visa before working in the UK. Employers should also ensure they comply with immigration laws to avoid legal issues.
Need assistance?
For advice on your visa options to work in the UK, contact us.
EU national working in the UK FAQs
Can EU nationals still work in the UK?
Yes, but they need settled status, pre-settled status, or a valid work visa if they arrived after 31 December 2020.
Do EU nationals need a visa to work in the UK?
If they don’t have pre-settled or settled status, they must apply for a work visa, usually under the Skilled Worker route.
Can EU nationals work in any job in the UK?
Only if they have settled or pre-settled status. Those on work visas are limited to specific job roles approved for sponsorship.
Do employers need to sponsor EU workers?
Yes, if the worker doesn’t have settled or pre-settled status. Sponsorship is required for most work visas.
Can EU nationals work in the UK on a visitor visa?
No, visitor visas do not allow employment. Working without permission can lead to fines, deportation, and entry bans.
Glossary
| Term | Definition |
|---|---|
| EU Settlement Scheme (EUSS) | A UK government scheme allowing EU nationals to apply for pre-settled or settled status to continue living and working in the UK after Brexit. |
| Pre-Settled Status | A temporary status granted to EU nationals who lived in the UK before 31 December 2020 but had not yet met the five-year residency requirement for settled status. |
| Settled Status | Permanent residency granted to EU nationals who lived in the UK for at least five continuous years, allowing them to work and remain indefinitely. |
| Skilled Worker Visa | A visa that allows non-UK nationals to work in eligible skilled jobs if sponsored by a UK employer with a valid licence. |
| Right to Work | Legal permission to work in the UK, verified by employers through official immigration documents or status checks. |
| Certificate of Sponsorship (CoS) | A document issued by a licensed UK employer that supports a work visa application under the Skilled Worker visa scheme. |
| Immigration Status | A person’s legal right to live, work, or study in the UK, determined by visas, settlement status, or other permissions. |
| Right to Work Check | A verification process employers must carry out to confirm that a job applicant is legally allowed to work in the UK. |
| Visitor Visa | A short-term visa allowing travel to the UK for tourism, business meetings, or family visits, but not for employment. |
| Sponsorship Licence | A permit required by UK employers who wish to hire workers from outside the UK under a work visa scheme. |
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
