Settling and Working in the UK After Brexit: The Practical Guide

Since Brexit, a European passport is no longer enough to work in the UK. This article helps you find out which case applies to you (already settled before the end of 2020 or newly arriving), which route leads to the right to work, what steps to plan for, and which pitfalls to avoid. It also flags what the official sources we read cannot confirm and what you need to check on GOV.UK.

What Brexit changed: the end of free movement

Free movement between the UK and the European Union ended at 11 pm on December 31, 2020^[1]. Since then, a points-based immigration system applies to anyone who wants to come to live, study or work in the UK^[1]. This system prioritizes skills and talent rather than a person's country of origin^[2].

Irish citizens are the exception: they can continue to enter, live and work freely in the UK, without a visa or residence or work permit^[1].

For other EU citizens, the rule is as follows: you need permission to live and work in the UK under the points-based system, unless you can apply to the EU Settlement Scheme^[1]. Your situation therefore depends first on the date you settled in the UK.

Already settled before December 31, 2020: the EU Settlement Scheme

If you settled in the UK before December 31, 2020 and applied for resident status (“settled” or “pre-settled status”), you do not need a work authorization^[3]. The status you receive depends on how long you had been living in the UK at the time of application^[1].

To be eligible, you had to have started living in the UK no later than December 31, 2020, except for people joining a close relative who already held or was eligible for status^[1]. The general application deadline was June 30, 2021^[3].

If you did not file your application in time, you may still be eligible, provided that you or a family member lived in the UK before December 31, 2020 and one of these two situations applies^[3]:

• your situation leads to a different deadline (for example, you are joining a family member in the UK);
• you had valid reasons for being unable to apply before June 30, 2021 (for example, illness or having been a victim of abuse).

Before making any application under the points-based system, GOV.UK advises checking first whether you are eligible for the EU Settlement Scheme^[2]. For a late case, contact the UK authorities through the GOV.UK page on resident status for EU citizens and their family members.

Newly arriving: the points-based system and the Skilled Worker visa

If you were not settled in the UK before December 31, 2020, you will in most cases need a visa to work there^[3]. Several types of work visas exist, depending on contract length, qualification level, sector or the nature of the job^[3]. In many cases, this is a Skilled Worker visa, which must be obtained before you travel^[1].

According to the GOV.UK page on the points-based system, the conditions for the Skilled Worker route include:

• a job offer from an employer holding a sponsor licence approved by the Home Office, for a role at the required skill level^[2];
• a salary at least equal to the relevant minimum threshold, paid by your sponsor^[2];
• an intermediate level of English, B1 of the Common European Framework of Reference for Languages, according to this older page: check the level currently required on GOV.UK^[2].

On the French side, the brexit.gouv.fr site specifies that, in nearly all cases, you need a confirmed job offer from an employer approved by the UK government, and must prove your level of English^[3].

Watch the salary threshold: the GOV.UK page we read cites “normally £26,500” or the going rate for the job if it is higher^[2], but that page is old and the thresholds have changed. Do not rely on any figure without checking the current official Skilled Worker page.

Other routes exist. Eligible healthcare professionals who hold an offer from the NHS, the care sector, or organizations that provide services to the NHS can apply for the Health and Care visa, with their family, if they speak English and meet the requirements of the Skilled Worker route^[2]. The Global Talent visa allows highly qualified profiles to come without a job offer^[2], and other routes exist: Intra-Company Transfer, family member visa^[1]. Older pages consulted also mention other routes for entrepreneurs, whose current existence needs to be verified. Check GOV.UK for the detailed criteria of these routes before considering them.

Visiting or Working Remotely Without a Work Visa: What Is Permitted

You can keep visiting the United Kingdom for up to six months without applying for a visa (check on GOV.UK whether a travel authorization, such as the ETA, is required before departure), for a wide range of activities: tourism, visiting relatives, short-term studies, job interviews, events and conferences^[2].

This visitor stay does not replace a work authorization. If you have no visa or status under the EU Settlement Scheme, or if you have entered as a tourist, you are not allowed to work in the United Kingdom^[1].

Remote work from the United Kingdom for a foreign employer, while on a visitor status, is not covered by the pages reviewed for this article. The question of whether a British digital nomad visa exists is not addressed there either. If this concerns your project, verify it directly on GOV.UK before you leave. The same goes for the Electronic Travel Authorisation (ETA): cost, processing time and eligible nationalities must be confirmed on the official page.

Fees, Procedures and Processing Times to Anticipate

Start your application on GOV.UK and demonstrate that you meet the criteria and have accumulated the points required for the visa you are applying for^[2]. You will also need to verify your identity: most people can do so with a smartphone, through the “UK Immigration: ID Check” app, as part of the online application; others must go to a visa application centre^[2].

On brexit.gouv.fr, the procedure is described as taking place online at first, with a possible summons to a visa centre^[3].

The financial side includes two items. You must pay an application fee and, if you are coming for more than six months, you may have to pay the Immigration Health Surcharge, which gives access to the British healthcare system, the NHS^[2]. Fees depend on the visa category: the Home Office publishes an official table, with separate lines depending on the route, for example depending on the duration of the certificate of sponsorship for a Skilled Worker^[4], as well as a dedicated page for applications lodged outside the United Kingdom^[5]. The amounts could not be retrieved for this article: consult these tables for your visa and your country of application.

Processing times vary depending on the visa requested and the service chosen^[2]. You must have submitted your application and received confirmation that you have obtained the visa before traveling to the United Kingdom^[2]. On the day of travel, you must travel with the same document used for the application: if you applied with your biometric passport, travel with that passport^[2].

Once the visa is granted, you can access your immigration status online with your UKVI account, through the “View and Prove” service on GOV.UK^[2]. This online status is what proves your right to work^[1].

Pitfalls, Scams and Points of Vigilance

Pitfalls Confirmed by Official Sources

• Entering as a tourist does not give you the right to work: without a visa or status under the EU Settlement Scheme, you are not allowed to work in the United Kingdom^[1]. The six-month visitor stay lets you visit the United Kingdom for the activities listed by GOV.UK (tourism, visiting family, short-term study, job interviews, events)^[2].
• A European identity card or passport no longer replaces a visa for new arrivals: since January 1, 2021, you need a visa in most cases if you want to work and were not settled before December 31, 2020^[3].
• A job offer is not enough: for a Skilled Worker visa, it must come from an employer approved as a sponsor by the Home Office and match the required skill level and minimum salary^[2].
• Checks do exist: without the right entitlements, access to work, housing, and public services is limited^[1].
• Costs go beyond the application itself: the Immigration Health Surcharge may apply for a stay of more than six months^[2], and amounts vary by visa category^[4].
• If you travel with a national identity card, be careful: the entry rules to the United Kingdom with an identity card from the EU, the EEA, or Switzerland have changed and include exceptions depending on your situation. Check the current rules on GOV.UK before you leave., the entry rules to the United Kingdom with an identity card from the EU, the EEA, or Switzerland have changed and include exceptions, except in certain cases, for example if you have “settled” or “pre-settled” status under the EU Settlement Scheme; check the current rules on GOV.UK before you leave, and Swiss nationals holding a Service Provider from Switzerland visa^[2].

What You Need to Check Yourself

Start your application on GOV.UK^[2] and rely only on official pages for the ETA, salary thresholds, and rules by nationality. For advice, GOV.UK refers you to a lawyer or immigration adviser^[1].

Taxes, Budget, Housing, and Adaptation: What We Cannot Yet Confirm

On taxes and social security, do not treat any rule as certain until you have consulted the relevant British authorities. Also, do not apply another country's rules to the United Kingdom: Spain's digital nomad visa rules, for example, do not apply here.

Checklist Before You Start

• Determine your case: settled before December 31, 2020 (status under the EU Settlement Scheme, or a late application possible in the cases described above) or new arrival.
• First check your eligibility for the EU Settlement Scheme on GOV.UK, then, if not eligible, the points-based route that matches your profile.
• Check the criteria for the route you are targeting (current minimum salary, English level) directly on GOV.UK.
• Review the official fee table for your visa and your country of application, and check whether the Immigration Health Surcharge applies to you.
• Prepare your identity verification: the “UK Immigration: ID Check” app or a visa application centre.
• Only book travel after you receive confirmation that your application has been approved, and plan to travel with the application document.
• For the ETA, taxes, budget, and housing, rely only on official pages.