Rights To Work in the UK

Companies, Employment, News / 18 April 2022

Although Brexit brought about the end of free movement within the EU, the UK still welcomes permitted workers from overseas, particularly for some skilled and specialist roles. However, anyone wishing to work in the UK must now meet the eligibility criteria or obtain a work visa.

In this article, we’ll explore who is eligible to work in the UK and what you need to know to apply for a visa.

Rights To Work in the UK

 

Which nationalities are currently eligible to work in the UK?


The following nationalities have the automatic right to work in the UK.

  • British or Irish citizens.
  • Those with pre-settled or settled status from the EU Settlement Scheme, including those with a decision pending.
  • Those with a family permit from the EU Settlement Scheme.
  • Those with indefinite leave to enter or remain in the UK.
  • Those with the right of abode in the UK.

 

  EU citizens

The EU Settlement scheme ended in June 2021. However, EU citizens can submit a late application if they can justify why they missed the deadline.

If you’re awaiting the results of an EU Settlement application, you are permitted to work until the decision is made. You should receive a Certificate of Application (CoA) or an email to confirm your application to show to your employer.

 

I’m from a non-EU country; how do I apply for the right to work in the UK?


All non-EU nationalities must apply to the UK Government Home Office to obtain a work visa.

The online government application asks for details of your home country, your reasons for coming to the UK and the type of work you wish to take on. You will be presented with relevant types of visa applications, depending upon the answers you give.

 

Sponsorship and visas


  Sponsorship

UK employers who hold a valid sponsor license can recruit workers from overseas. You may be granted a UK work visa if you are offered sponsorship in an area of work outlined by the government, such as skilled work, health and social care, elite sports or seasonal work.

 

  Health and care worker visa

A health and care worker visa allows qualified medical, health or social care professionals to work in the UK for the NHS, an NHS supplier or in an adult social care role. The healthcare worker visa lasts for five years, after which you can reapply or try for settlement status.

To qualify, you must be fluent in written and spoken English and hold a ‘certificate of sponsorship’ organised by an approved employer. Your new job should also pay at least the national minimum wage.

 

  Skilled worker visa

UK employers can apply to the Home Office for a sponsor license. Once approved, they can sponsor visas for skilled overseas workers who are fluent in spoken and written English. A skilled work visa is the most common route for overseas nationals to work in the UK

The job on offer must be on the government’s list of eligible occupations. You must also be guaranteed payment of at least the minimum wage, and your salary should reflect the ‘going rate’ for the job.

Once you’ve met the requirements, your employer will issue you with a Certificate of Sponsorship that is valid for three months and allows you to apply for your visa.

 

  Business and talent visas

Other visas include a Start-up or Innovator visa for business owners and start-ups and a Global Talent visa for leaders in digital technology, arts and culture, academia or research.

 

Whose responsibility is it to check someone’s right to work in the UK?


Employers are responsible for carrying out a Home Office check to confirm that an employee is legally allowed to work in the UK. However, we’d always advise you do your own research to make sure you meet the requirements beforehand.

 

  Official documents

Once you obtain a work visa, you’ll need to present proof to your employer. From 6th April 2022, Biometric Resident Permits will no longer be accepted as proof of right to work in the UK. Instead, you will need an official Home Office document stating that you have been granted a UK work visa.

You can find out more about your right to work in the UK, including how to apply for a visa, on the government website.

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