Right To Work In The UK After Brexit: An Applicant’s Guide

How Right to Work in the UK After Brexit Changed

Brexit hasn’t signalled the end for those from the EU working in the UK. However, since the Withdrawal Agreement formally ended in December 2020, new rules have changed the process of applying to work in the UK.

London commuters seen through the British and European flags
When the UK was part of the EU, workers were easily able to apply for UK jobs. Post-Brexit, the process is not so simple.

EU Settlement Scheme Exemptions

EU citizens who were already working and living in the UK before January 2021 could apply for settled or pre-settled status through the EU Settlement Scheme. The scheme covers pre-settled and settled workers, defined as:

Settled Status

If you have lived in the UK for five years continuously, settled status grants the right to continue living and working in the UK permanently.

Pre-settled Status

Those who hadn’t lived in the UK continuously for five years before Brexit can remain in the UK for another five years. Once they have reached five years, they can convert to the settled status.

  • EU nationals born in the UK who have a parent/parents or family members (such as siblings) with EUSS settled status.
  • EU nationals who have been granted a right to permanent residence in the UK by the Home Office.

Proving Your Right to Work

If you want to work in the UK, you’ll need to apply for a Skilled Worker Visa. There are several requirements you need to meet to prove your right to work, including:

  • Work for a Home Office-approved UK employer who is willing to provide you with a certificate of sponsorship.
  • Your job must meet one of the eligible occupations listed.
  • You must also earn a minimum salary, which is dependent on the type of work you do.
Overseas applicants with right to work in the UK
A typical UK company might employ workers from many different nationalities, but they must all prove their right to work in the UK.

About Spousal Visas

UK employers must carry out extra work checks to secure immigration status, preventing illegal working. If you’re married to a UK citizen or someone with settled status, you should be able to secure the right to work under a family of a settled person visa.

Can You Work Remotely in the UK From Your Own Country?

More and more businesses embrace remote working, but very few employers are willing for their employees to work outside the UK. There are many reasons for this; the most commonly cited is that workers could be required to attend on-site meetings at short notice. Of course, this will never be practical for employees living abroad.

Employee working remotely from an exotic beach location
The pandemic made remote working the norm. While it may be the dream to work from another country, the reality is not so straightforward.

A Few Final Thoughts on Right to Work in the UK Post Brexit

If you want to work in the UK, you’ll need to make sure you’ve done your research to meet the new requirements. While there may be additional steps to take to prove your right to work, it is still possible to secure work in the UK if you’re applying from overseas.

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Rachael. Adria Solutions

Rachael. Adria Solutions

Hi there! I’m Rachael, Marketing Manager at Adria Solutions Ltd. Read more about me here: https://www.adriasolutions.co.uk/blog