Since the end of free movement following Brexit, hiring European nationals to work in the UK now involves navigating the UK's post-Brexit immigration system. For businesses that wish to hire talent from the European Economic Area (EEA) and Switzerland, it is essential to understand the legal framework and requirements under the UK's Skilled Worker visa route. Below, our Business Immigration team outlines the key post-Brexit rules for hiring European nationals and what UK employers must consider when sponsoring workers from overseas.
Prior to Brexit, EU citizens had the right to live and work in the UK without needing a visa. However, since 1 January 2021, EU nationals who were not already resident in the UK before 31 December 2020 must meet the same immigration requirements as non-EU nationals.
This means that EU citizens seeking to work in the UK must be sponsored by a UK employer and apply for a visa under the Skilled Worker route.
UK companies wishing to employ EU nationals must ensure the following criteria are met:
1. A Valid Job Offer from a Licensed Sponsor
Employers must hold a Sponsor Licence issued by the UK Home Office to lawfully hire foreign workers. The role offered must be on the list of eligible occupations and meet the required skill level for sponsorship.
Our team can assist with applying for or managing a Sponsor Licence, including compliance support and renewals.
2. English Language Proficiency
Applicants must demonstrate that they can speak, read, write, and understand English to a required standard. This is typically proven through:
- A recognised English language test, or
- Holding a degree taught in English, or
- Being a national of an English-speaking country.
3.Minimum Salary Threshold
As of 4 April 2024, to qualify for a Skilled Worker visa, the job must generally pay at least:
- £38,700 per year (or the "going rate" for the role, if higher).
For certain categories, lower thresholds may apply:
- £30,960 for "new entrants" to the workforce.
- £30,960 for roles on the Immigration Salary List.
- PhD-qualified candidates may also qualify for discounted thresholds.
The salary must also meet or exceed the "going rate" for the specific occupation, based on updated Home Office guidance.
Some sectors such as healthcare and education may have distinct salary arrangements.
4. Appropriate Skill Level and Qualifications
The role must meet the required Regulated Qualifications Framework (RQF) Level 3 or above (equivalent to A-levels). Specific qualifications or experience may be required depending on the sector (e.g., engineering, IT, or healthcare).
5. Meeting the Skilled Worker Visa Criteria
In addition to the above, applicants must meet general suitability and eligibility criteria under the Skilled Worker visa route. This includes:
- A valid Certificate of Sponsorship from a UK employer
- Proof of maintenance funds (unless exempt)
- A valid TB certificate (for applicants from certain countries)
- A clear criminal record certificate (for roles involving vulnerable groups)
Support for Employers and Applicants
The shift to a points-based immigration system has increased the complexity of employing workers from abroad. Employers must ensure full compliance with Home Office requirements to avoid penalties and reputational risks.
At Duncan Lewis Solicitors, our Business and Private Immigration Solicitors offer tailored support for obtaining or renewing a Sponsor Licence; advising on Skilled Worker eligibility and occupation codes; preparing visa applications for employees; and ensuring sponsor compliance with Home Office audits
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
