Resources and Guides

How To Hire From The EU

The way that UK employers hire from the EU has changed and new requirements were introduced to the UK Immigration Points-Based System on 1 January 2021. All Freedom of Movement rights, which enabled EU citizens to live and work in the UK without restrictions or the need for a visa, ended with the Brexit transition period on 31 December 2020.  Moving forwards, any EU citizen wishing to work in the UK will need a visa and UK employers will need a sponsor licence when hiring from the EU, or anywhere outside the UK.

In this article our immigration experts explain how UK employers can become a licensed sponsor and hire eligible employees from the EU.

The Points Based System

Under the UK Immigration Points Based System from 1 January 2021 every new hire from outside the UK needs to have a visa and every UK employer must obtain a sponsor license to hire foreign workers, including EU citizens. In addition, UK employers must meet minimum skill and salary thresholds for every job they recruit for whether they are hiring from the EU or rest of the world.

Which kind of business can hire from the EU?

Providing your business is actively trading and you have no unspent criminal convictions in the UK then it/you will be eligible to apply for a sponsor licence to hire workers from outside the UK, including the EU.

How to become a licensed sponsor

If your business is planning to hire from the EU or overseas in the foreseeable future we recommend you start the application process for a sponsor license now. To apply, you will need to:

• Check that your business is eligible i.e. no unspent criminal convictions
• Choose the type of skilled worker licence you wish to apply for
• Put appropriate systems in place to act as a sponsor i.e. appoint a person who will manage sponsorship within your business

You can apply for your sponsor license online at which point you will pay a fee relating to the size of your company and then submit the prescribed supporting documentation. However, the recruitment and management of overseas staff is a complex issue often requiring expert guidance to ensure employees become a valuable long-term business asset and your business remains compliant with UK immigration law.

At The Yellow Halo, we assist UK businesses to employ professional overseas staff ethically and legally with proactive immigration advice and can guide you through the entire sponsor licence application process. Please contact our immigration experts to discuss your business immigration and HR needs.

How long does the application process take?

It usually takes eight weeks from when the Home Office receive an application for it to be processed and a decision obtained; it is therefore recommended to apply as soon as possible if you are seeking to employ an overseas national. Once you have obtained your Sponsor Licence you can hire skilled workers globally for 4 years.

Who can you hire from the EU?

To hire from the EU the prospective employee must meet set criteria within the UK’s Points Based System. EU citizens living and working in the UK fall into two categories:

• Those who arrived before 31December 2020 and have been granted Settled or Pre-Settled status under the EU Settlement Scheme (link to new blog)
• Those who arrived after 1January 2021 with a valid skilled worker visa under the UK’s points-based immigration system

Once you have a Sponsor Licence you can hire eligible skilled workers from the EU and anywhere in the world providing that the job you are recruiting for meets the minimum prescribed skill and salary thresholds. These requirements are:

• the minimum skill level will be set at RQF3 (A level and equivalent)
• the minimum salary threshold will be the higher of £25,600 or the ‘going rate’ for that job – some employees may be paid less than £25,600, for example if their job is in a shortage occupation

All applicants will be able to trade characteristics (E.g. higher qualifications versus a lower salary) to get the required 70 points to be eligible to work in the UK. A good immigration lawyer can provide guidance on recruiting eligible employees from the EU and rest of the world.

The Skilled Worker route

The general route for foreign nationals (including EU citizens) to be able to work in the UK is via the Skilled Worker category. Under the UK’s Points Based System people coming to work in the UK from anywhere in the world, excluding Irish Citizens, need to demonstrate that:

• they have a job offer (evidenced by a CoS – Certificate of Sponsorship) from a Home Office licensed sponsor
• the job offer is at the required skill level – RQF 3 or above (A Level and equivalent)
• the job offer is at the required minimum salary threshold of £25,600 or the “going rate” for that job
• they speak the required level of English for the job
• they have accumulated at least 70 points from the Points Based System criteria.

Checking the Right to Work of EU citizens  

Before 30 June 2021 there will be no changes in the way UK employers conduct Right to Work checks for EU, EEA, or Swiss employees who arrived in the UK before 31December 2020. Until this deadline employers should check a valid passport or identity card from the prospective employee’s native country.

From 30 June 2021 UK employers will need to see proof of Pre-Settled or Settled Status which will have been granted to EU, EEA and Swiss citizens who resided in the UK pre 31^st December 2020 and successfully applied to the EU Settlement Scheme. Prospective employees with either Pre-Settled or Settled Status have the right to work in the UK, however, employers cannot ask for proof of their ‘status’ until after 30 June 2021 when their rights come into effect. Please encourage your existing employees from the EU, EEA and Switzerland to apply to the EU Settlement scheme as soon as possible before the 30 June 2021.

Employees who arrived from the EU and rest of the world to work in the UK after 1 January 2021 must have a Skilled Worker visa under the UK’s Points Based System.  Skilled Worker visas are only issued to those with a job offer from an employer with a sponsor license. To conduct a Right to Work check on these employees you will need their ‘check code’ for the UK government’s online system which will prove their visa status.

Irish citizens are exempt from the above and have the right to live and work in the UK without a visa.

Book a complimentary business immigration audit

If you have plans to hire from the EU, get prepared and start a conversation with an immigration specialist now. At The Yellow Halo, we can manage your entire Sponsor License application, from selecting your most appropriate category to providing expert guidance on future audits and compliance. We can also assist your prospective employees with their immigration application, whether in the UK or overseas. To discuss your specific business immigration and HR needs in more detail, please get in touch to schedule a complimentary immigration audit with our expert team.