Unless you have been hiding away in an underground bunker with no communication with the outside world, you will know that the UK left the EU at 11 pm on 31st January 2020. After 37 years of being a core member of the world’s largest trading bloc, and a vote to leave in 2016, the British people went their separate ways. Well, sort of, because as soon as the UK left, it entered a transition period until the end of 2020, keeping the status quo in terms of trade and free movement in place.
It isn’t until 1st January 2021 that the full impact of Brexit will start to be known. While there is still no trade deal with the EU as the time of writing (mid-November 2020), or even a realistic sign of one, we do have some certainty regarding the rights of EU citizens in the UK to live and work. In this article, we will explain whether EU citizens will have the right to work in the UK after Brexit, and how this right can be acquired.
What Is ‘Free Movement’?
Free movement is a fundamental right enshrined in Article 45 of the Treaty on the Functioning of the European Union. As part of the right of free movement, EU citizens are able to:
- look for a job in another EU country
- work there without needing a work permit
- reside there for that purpose
- stay there even after employment has finished
- enjoy equal treatment with nationals in access to employment, working conditions and all other social and tax advantages
On 11th November, in preparation for the UK’s full departure from the UK, the new Immigration Act received ‘Royal Assent’ (i.e. it will come into law), meaning that the UK will no longer allow free movement from 31st December 2020. This means that any EU citizen arriving in the UK after this date will not be able to benefit from the right of free movement, and hence will be unable to live and work here without securing a work permit.
How Can EU/EEA Citizens Retain The Right To Work In The UK After 31st December 2020?
As an EU/EEA citizen, the best way to ensure you have the right to live and work in the UK without the need to secure a visa to do so is to arrive in the UK before the end of 2020 and to apply under the EU Settled Status Scheme before 30th June 2020. The EU Settled Status scheme is a UK initiative which offers EU, non-EU EEA and Swiss citizens and their immediate dependant family members who are living in the UK before the end of 2020, the ability to protect their residence status in the UK once the transition period comes to an end.
The EU Settlement Scheme offers two levels of protection, depending on how long the applicant has been in the UK. Pre-Settled Status provides temporary leave to remain for applicants who have not yet spent five years in the UK. This allows those individuals the ability to stay longer in the UK to reach the five-year point at which they can apply for Settled Status, which provides the right to remain permanently in the UK. As long as you have either status, you will have the full right to remain and work, very much in the same manner as free movement allows now.
What If I Don’t Arrive In The UK Before The End of 2020?
If you are an EU/EEA citizen and you plan to arrive in the UK for work on or after 1st January 2021, then you will have to apply for a work visa under the points-based system. The new Immigration Act lays out how this will work. Broadly speaking, the same system which applied to non-EEA/EU citizens has been extended to EEA/EU citizens. One of the main differences for EEA/EU citizens who wish to come to the UK in 2021 is that it will no longer be possible to apply for roles which do not require a further education qualification (i.e. lower-skilled jobs). On this matter, the government states, “there will not be a general route for employers to recruit at or near the minimum wage”.
Under the new skilled worker route, EU and EEA citizens will need to be:
- sponsored by a licensed employer
- have a job offer for a role with a skill level of RQF3 or above (this is equivalent to A-level in the UK).
- able to speak English to a sufficient standard
- paid the ‘relevant salary’ by your sponsor; this will be either the general salary threshold of £25,600 or the ‘going rate’ for your job, whichever is the higher amount. Those who are offered a lower salary (but no less than £20,480), may be eligible for a skilled worker visa by swapping (or ‘trading’) points for other desirable attributes – e.g. you may be able to offset lower pay if your job is on the shortage occupation list (and therefore there is a stronger demand for your skills in the UK).
For those in highly skilled roles, it may be possible to come to the UK to live and work without having a job offer first. This is referred to as the ‘Global Talent Scheme’ and will be open to EU, EEA and Swiss citizens who are highly-skilled scientists and researchers.
Final Words
If you are considering about your rights to work in the UK after the Brexit transition period ends, it is important to think through your strategy now given the limited amount of time remaining. If you are here already, then you have the ability to apply under the EU Settlement Scheme; a process which is very quick and straightforward, and is free. If you are able to get to the UK before the end of 2020, you will also be able to apply under the scheme. Unfortunately, those who arrive next year from the EU/EEA will need to apply for a visa in the same way as nationals of any other country. If you are unsure of your options, or if you wish to talk through the best way to achieve your plans, speak to an immigration Solicitor in the UK who will be glad to assist you to realise your immigration goals and those of your family.
