Employing staff from the EU: Understanding the new rules

Recruiting staff from the EU has changed significantly since the UK left the European Union. Get up to speed with everything you need to know about employing staff from the EU, including the new points-based immigration system.

Please be aware that the rules change regularly, and it's your responsibility to make sure you have the latest information.

Moving to the UK to work

Did you know?

• Since January 2021, all immigrants wanting to work in the UK must apply through the new points-based immigration system.

• EU citizens who were living in the UK before 31 December 2020 might still be able to apply to the EU Settlement Scheme.

• Irish citizens continue to live, work and study in the UK with no change.

• The Mayor of London has a wide range of resources available for European Londoners.

Points-based immigration system

Since 1 January 2021, anyone arriving in the UK to work needs to apply under the points-based immigration system.

There is no route for low-skilled workers, but skilled workers can apply. They need to acquire at least 70 points as follows:

• Have a job offer from an approved sponsor (20 points).

• Have at least an A-level/RQF3 qualification (20 points).

• Speak English (10 points).

• Have a salary of £25,600 or above (20 points).

It's possible to employ someone for a role with a salary between £20,480 and £25,600. But the employee must make up the required number of points with other eligible characteristics, such as if the job is in a shortage occupation or the applicant has a relevant PhD.

Costs

• As an employer, you must have a licence and assume sponsorship responsibilities.

• You must pay an Immigration Skills Charge, which is estimated to cost between £364 and £1,000.

• There are salary requirements.

• Migrants must pay for their visa and an Immigration Health Surcharge.

• It may take three to eight weeks before a successful applicant can start working.

Find out everything you need to know about points-based immigration on the UK government website.

EU Settlement Scheme

EU, EEA and Swiss citizens and their families who moved to the UK during the transition period were able to apply for pre-settled status under the EU Settlement Scheme.

EU citizens already living in the UK could apply for settled or pre-settled status to the EU Settlement Scheme.

The status the EU citizen received depended on when they made their application:

• An EU citizen would get settled status (also known as indefinite leave to remain) if they started living in the UK by 31 December 2020 and had lived in the UK for a continuous five-year period (known as continuous residence).

• An EU citizen would get a pre-settled status (also known as limited leave to remain), if they did not have five years of continuous residence in the UK but started living in the UK by 31 December 2020.

In both cases, the deadline for applying was 30 June 2021. However, it's still possible to apply if the applicant meets a number of reasonable grounds as outlined on the UK government website.

EU citizens with pre-settled status can also apply for settled status after living in the UK for five continuous years (known as continuous residence).

Find out everything you need to know about the EU Settlement Scheme on the UK government website.

Grow London Local: Support for London's small businesses

No matter where you're based in London, you'll find relevant support and guidance on business planning, sales and marketing and much more, as well as opportunities to connect with like-minded business owners. Visit Grow London Local now