Brexit has brought about significant changes to employment eligibility in the UK, especially for EU citizens.
With the introduction of a points-based immigration system from January 1, 2021, EU nationals no longer enjoy free movement. To work in the UK, EU citizens now need a valid job offer from a licensed UK employer and must also meet a salary threshold of £26,200 for the Skilled Worker Visa.
It falls upon employers to carry out comprehensive right to work checks for all employees, aligning with immigration rules. Such changes have added complications across various sectors, emphasizing the necessity for employers to keep abreast of compliance needs and their effects.
Overview of Post-Brexit Changes
From the start of 2021, the UK has seen significant changes to its employment eligibility landscape due to Brexit. The enactment of a points-based immigration system has resulted in the cessation of free movement for EU citizens, making their employment rights equivalent to those of non-EU nationals.
Now, EU citizens wishing to work in the UK must have a job offer from an approved employer and fulfill specific eligibility criteria, such as skill level and salary thresholds. It is now mandatory for employers to conduct right to work checks for all employees to comply with the new rules.
The Skilled Worker Visa has set a minimum salary threshold of £26,200 annually, a considerable increase from the previous requirements. This change reflects the UK government's goal to bring in skilled labour and ensure that those who join the workforce make a substantial contribution to the economy.
The EU Settlement Scheme also provides a route for EU nationals who were living in the UK before the end of the transition period to apply for settled or pre-settled status to retain their rights to live and work in the country.
All employers are now obligated to carry out right-to-work checks for all employees, including EU nationals, to confirm their eligibility under these revised immigration rules. This thorough approach aims to establish a more regulated employment environment in the UK.
Impact on EU Citizens
The transition to a points-based immigration system has had a deep impact on EU citizens who are seeking employment in the UK. The end of free movement on 31 December 2020 means that EU nationals are now required to secure a visa, putting them on par with non-EU citizens.
This significant adjustment requires EU citizens to satisfy specific criteria to be eligible for work visas. Employers are now directed to carry out right to work checks, abiding by the latest regulations.
Important considerations for EU citizens include:
- A valid visa is now a prerequisite for employment in the UK.
- EU citizens need to provide a share code and date of birth for right to work verification, as passports or national identity cards are no longer enough.
- Employers have a responsibility to conduct comprehensive right to work checks before employing EU nationals.
- Adherence to immigration regulations is a must for employers to evade penalties.
- The EU Settlement Scheme provided a temporary solution for EU citizens living in the UK before December 2020, but applications had to be submitted by 30 June 2021.
These changes mark a major shift in the employment situation for EU citizens in the UK, introducing new hurdles and requirements for both job seekers and employers.
EU Settlement Scheme Details
EU, EEA, and Swiss citizens can secure their rights to live and work in the UK post-Brexit through the EU Settlement Scheme (EUSS). The EUSS is open to those who were living in the UK before December 31, 2020 and enables them to apply for either settled or pre-settled status. The former provides indefinite leave to remain, and the latter offers temporary residence along with the possibility of obtaining settled status after five continuous years.
The deadline to apply for the EUSS was June 30, 2021. However, applications submitted after the deadline may still be considered under specific conditions. Those granted status through this scheme will continue to have the right to work, study, and access public services, akin to their rights before Brexit.
| Status Type | Duration | Rights Preserved |
|---|---|---|
| Settled Status | Indefinite | Work, study, access to public services |
| Pre-Settled Status | Temporary (5 years pathway) | Work, study, access to public services |
| Application Status | Refused or granted | Right to appeal or request administrative review |
| Application Deadline | June 30, 2021 (late considered) | Reasonable grounds needed for late applications |
Being aware of these details is necessary for EU citizens planning to secure their UK residency.
Points-Based Immigration System
The points-based immigration system was launched by the UK on January 1, 2021. This system marks a change from the old model of free movement for EU citizens, introducing a more structured format that is applicable to EU and non-EU nationals alike.
The new rules demand that anyone looking for employment in the UK must meet certain requirements to be eligible for a work visa. Employers are tasked with carrying out right to work checks for compliance with immigration rules and to prevent illegal employment.
The points-based immigration system encompasses several key requirements:
- A valid job offer from a UK employer holding a sponsor licence
- A skill level of RQF level 3 or above for the job
- A minimum salary threshold of £26,200 per year
- Proficiency in the English language
- Adherence by employers to right to work checks and documentation
The Skilled Worker Visa under this system permits successful applicants to live in the UK for a period of up to five years. After this, they may apply for indefinite leave to remain.
This shift in immigration policy is significant, being designed to attract skilled workers and ensure employers abide by the new regulations and responsibilities.
Work Visa Options Available
Understanding the different work visa options in the UK following Brexit involves grasping the points-based immigration system. The Skilled Worker Visa is a common choice, which requires a job offer from a UK employer who carries Home Office sponsorship. This visa type stipulates that the job meets certain skill and salary requirements, set currently at £26,200 annually.
It is also crucial for applicants to have the necessary documentation to validate their right to work in the UK, a significant part of the visa application process.
The Global Talent Visa is another option for those with exceptional abilities. This visa is for individuals who excel in areas like digital technology, science, and arts, and it provides eligibility for permanent residency after five years.
Every applicant must show proficiency in English and meet the stipulated skill level requirements, specifically at RQF level 3 or above. The points-based immigration system determines eligibility by awarding points for job offer, salary, skill level, and English proficiency.
Of note, employers need to obtain a sponsor licence to hire most non-UK workers, adhering to the new immigration rules established following Brexit. Comprehending these options is crucial in seeking employment opportunities in this changing environment.
Employer Responsibilities and Compliance
In the aftermath of Brexit, employers have to adjust to new duties related to hiring non-UK workers. The new points-based immigration system requires EU citizens to have job offers and relevant visas to work in the UK, starting January 1, 2021.
Consequently, employers find themselves in a more complicated compliance environment. Gaining knowledge about the specifics of right to work checks is crucial for employers to ensure they comply with legal requirements and avoid unlawful employment.
To comply with these new rules, employers should concentrate on these key duties:
- Get a sponsor licence to employ most non-UK workers.
- Perform detailed right to work checks before and during employment.
- Keep correct documentation of right to work checks to prevent penalties.
- Acquaint themselves with the specific eligibility criteria for work visas, including skill level and salary thresholds.
- Understand the importance of English language proficiency requirements.
Neglecting to comply with immigration rules can lead to severe consequences, including substantial fines and possible legal actions that may interrupt business operations.
Therefore, employers need to stay alert and informed as they modify their hiring practices to match the new requirements in the post-Brexit employment environment.
Right to Work Checks Process
Complying with UK immigration laws involves a meticulous right to work checks process for all prospective employees. Following Brexit, it has become imperative for employers to adjust their procedures to effectively determine the work eligibility of EU, EEA, and Swiss citizens.
The current verification process mandates the use of a share code and date of birth since traditional documents like passports are no longer considered adequate proof of right to work. The employer's guide insists on carrying out both initial and subsequent checks to verify an employee's continued eligibility.
It is the employer's legal responsibility to keep precise records of all the checks performed. Non-compliance could result in civil penalties, like substantial fines, underlining the need for careful adherence to the process.
Further, for employees with time-limited visas, employers are required to perform subsequent checks to affirm continued work eligibility in the UK.
In case of doubt regarding an employee's right to work status, employers have the option of obtaining a Positive Verification Notice from the Home Office. This forward-thinking measure helps minimise risks related to non-compliance and establishes an employer's dedication to complying with immigration laws, thereby promoting a lawful workforce.
Sector-Specific Recruitment Challenges
Brexit has amplified recruitment challenges in various sectors, notably affecting the supply of skilled labor. As businesses navigate the altered immigration terrain, multiple industries are dealing with distinctive barriers that complicate their labor requirements.
- The construction industry is confronting a substantial scarcity of skilled labor due to diminished EU migration. This has spurred greater competition for the limited workforce and has escalated wages.
- Recruitment troubles have increased in the healthcare sector as the population of EU healthcare professionals has dwindled, worsening existing staff shortages within the National Health Service (NHS).
- The hospitality sector, which relies on seasonal EU workers, is finding it hard to fill roles, causing service disturbances and higher labor expenses.
- In the technology and digital fields, firms are looking for skilled talent from the EU, but the newly introduced points-based immigration system makes hiring procedures more complex.
- Agriculture is experiencing labor shortages as EU workers, who previously filled many seasonal roles, show less inclination to relocate due to increased bureaucracy and visa expenses.
These sector-specific issues underline the urgent requirement for creative recruitment methods and a reconsideration of labor planning in a post-Brexit environment.
Resources for Employers
The shift in labor landscape following Brexit has posed challenges for various sectors in securing skilled workers. The new points-based immigration system necessitates employers to acquire a sponsor licence to employ most non-UK workers, a change from the previous freedom of movement for EU citizens.
Employers now have a legal obligation to complete thorough right to work checks to prevent unauthorized employment.
The process for verifying the right to work has also been altered. Employers are now required to ask for a share code and date of birth from EU, EEA, and Swiss citizens, as EU passports and national identity cards are no longer valid proof.
Carrying out both initial and subsequent right to work checks is a must for employers as non-compliance can lead to civil penalties.
For EU citizens who have been residing in the UK before 2021, the EU Settlement Scheme provides an opportunity to apply for settled or pre-settled status, thus preserving their right to work.
To navigate through these intricacies, there are numerous guides and resources, including helplines and diagnostic tools, available to help employers comply with the new immigration rules.
Acquainting oneself with these resources is beneficial for successful recruitment in this changing landscape.
Frequently Asked Questions
What Employment Laws Have Changed Since Brexit?
Following Brexit, there have been substantial modifications to employment laws, such as the termination of free movement for EU citizens. This has led to the establishment of a points-based immigration procedure and new protocols for employers to conduct right to work inspections in line with immigration regulations.
What Impact Has Brexit Had on Employment?
Brexit has had a significant impact on employment through the introduction of a points-based immigration system. This has restricted access for EU workers, added to the compliance obligations of employers, and led to labor shortages in certain sectors. These changes have affected operational efficiency and the delivery of services.
Am I Eligible to Work in the UK After Brexit?
To work in the UK after Brexit, you need to meet the criteria of the points-based immigration system. This involves getting a job offer from an employer who is approved and securing a visa that aligns with the specified skill and salary requirements. This applies to EU citizens.
What Are the Changes to the Right to Work in the UK in 2024?
In 2024, the process for right to work verification in the UK will require a share code and date of birth from citizens of the EU, EEA, and Switzerland. This new protocol supersedes prior documentation requirements and introduces stricter compliance regulations for employers to deter illegal employment.