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Can a family member of an EU citizen work in the UK?

Are you a European Union family member thinking about working in the UK? Are you confused about the process? Don’t worry, we’ve got you covered.

The answer to the question “Can a family member of an EU citizen work in the UK?” is a simple one, yes. They can do it, but they have to apply through the Skilled Worker Visa or EU Settlement Scheme (ESS).

Who are EU Citizens?

Citizens from 27 EU countries that include Austria, Belgium, Estonia, Denmark, Croatia, Bulgaria, Czech Republic, Luxembourg, Malta, Poland, Netherlands, Sweden, Spain, Slovakia, Portugal, Lithuania, Italy, Hungary, Germany, Finland, Republic of Cyprus, Latvia, Ireland, Greece, France, Romania, and Slovenia are considered EU citizens.

Furthermore, nationals of EU nations such as Norway, Liechtenstein, and Switzerland are subject to the same Brexit laws.

What is Brexit, and how has it changed business?

The foundation of the European Union (EU) resulted in the unrestricted movement of commodities, services, individuals, and capital among member nations, including the United Kingdom. 

Following the United Kingdom’s official leave on March 29, 2019, it hasn’t been business as normal for European Union individuals who used to have the flexibility of moving and operating in the UK and other EU nations before Brexit.

So, things have changed a lot, but companies in the UK have still adopted and applied some ways to make use of the talent from EU citizens. Keep reading to know if you want to know how!

Employment of EU family members in the UK

Because of Brexit, EU nationals’ free movement rights in the United Kingdom ceased since the year 2021, January.

EU residents visiting the United Kingdom now face the same immigration procedure and expenses as non-European migrants. The United Kingdom government has implemented a points-based system for obtaining authorization to work in the United Kingdom under 2 groups:

A skilled worker visa is available for persons who have an offer of employment.

A highly qualified work permit for those who do not have a job offer, with the possibility of self-employment.

Now you might be wondering how many numbers or points are needed to be able to work in the UK and get a visa? The answer is 70!

Your points will be based on your previous salary levels, spoken English language with fluency, and educational background. 

Is it costly for businesses’ and you?

The following charges are the compulsory ones now for the businesses and the employees:

Businesses will require a licence and will be responsible for sponsorships.

They must pay an Immigrant Proficiency Fee (estimated between £365 and 1,000).

Migrants must pay an Immigration Health Fee, which is about £400, and the cost of their visa (estimated at £600-700).

Salary requirements apply.

A qualified applicant will then be able to begin working in about 3 to 7 weeks.

Other possibilities for hiring EU Residents after Brexit

The covid-19 pandemic taught us a lot; instead of going through such lengthy and costly procedures, the viability of the remote work model will prove beneficial for many enterprises in the UK, therefore recruiting remote contract employees or even full-time employees from the EU might be a solution to address organisation’s’ talent demand.

Now, since the company is in the UK, dealing with employees from the EU might eventually bring a lot of complications and difficulties. However, with the assistance of a recruitment associate in the European nations, where employees and potential employees are located, it is feasible to solve these limitations. A worldwide employee of reference, often known as an international PEO, can lawfully recruit EU nationals in their home countries on behalf of a British company.

 It is then the job of the PEO to take care of all administrative payments and tax withholding procedures in the EU. The firm in the UK will only take care of the workers’ everyday jobs and the profits from their talents and experience. Since the firm is not a legal recruiter, it is not subject to the risk of violation of employment laws in Europe or as a result of Brexit.

What about the people already working there?

The excellent thing is that if your UK organisation currently hires Eu citizens, nothing will alter. However, EU residents who choose to remain in the UK after Brexit must apply for “settled status” to keep their work and living arrangements in the country.

Settled status gives EU nationals and their dependents the same working rights as British residents, but they must have lived in the UK for 5 years to qualify.. EU nationals in the United Kingdom who do not have 5 years of consistent residency can seek “pre-settled status,” which allows them to stay until they meet the 5 years residency requirement.

Firms in the UK that currently employ EU residents were given some time to qualify for established or pre-settled status, even if the workers have previously proved their right to live and work in the UK.

How to get Pre-settled Status?

If you are an EU national, pre-settled status can be a step toward settled status, unless you have a prison background that causes the Home Office to consider you a potential threat.

If you are applying for pre-settled status late, you just need to display the following two things:

You have resided in the United Kingdom for at least one day on or before December 31, 2020

haven’t been away from the UK for more than six months since December 31, 2020

How to get Settled Status?

To achieve settled status, you simply need to provide proof you have lived in the UK for six months out of every twelve months for five years. It does not have to be within the last five years. You can offer proof for a separate five-year period as long as you haven’t spent more than 5 years outside the UK in a sequence since then.

You may be eligible to obtain settled status even if you have resided outside the UK for over six months out of the previous 12 months if you have the following things:

Going to give birth, being critically ill, researching, practising or being assigned to work overseas by your company for up to twelve months or on military conscription for however time

Serving in the United Kingdom’s armed services or a family member of someone serving in the military in the country

Working for the United Kingdom, Scotland, or Wales, the Northern Ireland executive, or the British Council

A relative of someone employed by the UK, Scottish, or Welsh administrations, the Northern Irish executive, or perhaps the British Council

After Brexit, EU citizens with settled or pre-settled status can work, reside, or study in the UK. However, pre-settled status restricts the lifespan of these privileges to just 5 years. With established status, on the other hand, you can stay, work, or educate in the nation indefinitely and apply for British citizenship.

Who is exempted from getting the Settled/Pre-settled Status?

Some people are still exempted from the settled/pre-settled status, and such people are as follows:

British nationals

Those who are EU nationals born in the UK with their mom or dad already having the settles/ pre-settles status

Those who are EU nationals and were born in the UK but have one parent possessing the EUSS settles status

What if you are unable to get the EUSS?

If the worker is unable to get the EUSS for whatever reason, another way to be able to work in the UK as a UN national is to get the Skilled Worker Visa.

The requirements for Skilled Worker Visa are as follows:

Number one requirement is that you should be very fluent in speaking, reading, writing, and understanding the language English

Your prospective employer must provide a “Certificate of sponsorship” to you

You should also be informed of your projected remuneration, which must be authorised and fall within the home office’s minimum wage scale

You must have a suitable work offer from an authorised Home Office enterprise. The work should be on the list of approved occupations kept by the Home Office

If you meet all of the above requirements, you can apply for a UK Skilled Worker Visa up to three months before your start date in the United Kingdom. This is the date printed on your sponsorship certificate. So, what are you waiting for?


What’s the bottom line? Recruiting EU nationals to work in the UK has become a lot more complicated since January 2021. However UK companies have been able to smartly manage the change in circumstances and are now entertaining employees from the UN quite easily.


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