Partner Sue Dowling, in our Employment Law team, explains what EU nationals looking to work in the UK and employers need to know with regards to business immigration post Brexit.
Under the terms of the UK’s exit from the EU, freedom of movement for EU nationals to move to the UK to live and work has ended. What does this mean?
In broad terms, it means that the automatic right of any national of any EU member state (other than Ireland) to live and work in the UK has ended and that EU nationals (in common with non-EU nationals) must now have a different means of meeting immigration control requirements.
How can I meet immigration control requirements?
You can do so by either having settled or pre-settled status, a permanent residence document, or a relevant visa granted under the points based immigration system.
I am an EU national already living and working in the UK prior to 31 December 2020 – am I eligible to stay in the UK?
Yes, under the Withdrawal Agreement eligible EU nationals have until 30 June 2021 to apply for settled, or pre-settled status.
What is settled status?
It is generally awarded to eligible EU nationals after five years continuous residence in the UK and grants EU citizens the same rights as British citizens, including the right to stay indefinitely in the UK.
What is pre-settled status?
It is generally awarded to individuals with less than five years continuous residence in the UK. You may then apply for settled status once you have five years continuous residence in the UK.
How do I get settled, or pre-settled status, and how much does it cost?
It is an online application and is offered free of charge.
I am an EU national – can I move to the UK now to work?
Yes, if you already have settled, or pre-settled, status, or are eligible to apply, or have permanent residence in the UK, or are coming to the UK as a family member or dependant of someone who has the right to live and work in the UK.
I am an EU national but don’t have settled, or pre-settled status or permanent residence in the UK. Can I move to the UK now to work?
Potentially, provided that you qualify for a relevant visa, such as Skilled Worker, under the Points Based Immigration system.
What is the Points Based Immigration System?
In broad terms, anyone coming to the UK to live and work must meet a specific set of requirements for which they will score points. The grant of a visa as a Skilled Worker is subject to an individual meeting a threshold of points. The UK threshold is 70 points.
What type of things are points awarded for?
Points are awarded based upon a series of requirements and/or attributes in relation to both the vacancy and the individual who it is proposed should fill it. These include the qualification level required to perform the work. As an example, a job offer by an approved sponsor employer is worth 20 points but one in a Shortage Occupation (see below) is worth a further 20 points.
Points are also awarded based upon the individual’s qualifications as well as the job salary and competency in English (see below).
Is there a minimum salary requirement for applicants?
Yes, it is generally £25,600 per annum. It is however possible to “trade” higher qualifications for more points providing that the salary is over £20,480.
What about competency in English?
All applicants are required to show sufficient competency in English for the job which has been offered and this is worth ten points.
What is a Shortage Occupation?
It is an area of work in which employers face a shortage of suitable labour, e.g. civil engineers
Does my potential employer need to hold a sponsorship licence in order to sponsor individuals under the points based system?
Yes.
How can my potential employer apply for a sponsorship licence?
Applications are generally made online and they require a suite of supporting documentation. They cost either £536 (for small or charitable sponsors) or £1,476 (for medium and large employers). The fee is non-refundable if the application is unsuccessful.
How long does it take?
The processing time is around eight weeks, although this may be longer as a result of the current lockdown. As part of the process, a Compliance Officer may request evidence from your employer and (ordinarily) also visit your employer’s premises in order to conduct a compliance check.
How long is a sponsorship licence valid for?
Four years, after which it can be renewed.
If I am sponsored by one employer, can I move to another employer?
Yes, but the new employer must also hold a sponsorship licence and the role must meet the requirements of the points based system.
How long do I have to work in the UK before I can apply for Indefinite Leave to Remain?
You would generally have to have held an eligible visa for five years.
Can you help me or my potential employer further?
Yes, our specialist Employment Law team would be pleased to advise you on your individual circumstances.
In addition to the matters covered in this blog article, we may also be able to offer advice on other immigration routes such as Investor or Global Talent, as well as advice on Intra-Company Transfers and other immigration routes not covered in the above.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
