UK Employer – Employing EU Nationals

What is the new points-based immigration system?

• A new global Immigration System will be introduced on 1 January 2021.
• All non-British nationals will be subject to the same immigration procedures.
• EU workers will be considered third country nationals if they are coming to work in the UK from 1 January 2021 onwards.
• Irish nationals will not be subject to the new immigration system – they have a special status. Deemed as settled with permanent status and do not need work authorization.

UK based employers, employing EU nationals should look at a Sponsor License.

What is a Sponsor License?

If you are employing non-EU nationals, you must register with the Home Office to receive a ‘sponsor license’

• A sponsor license is an online verification of your right to employ non-EU nationals in the UK. Applications for a sponsor license can take up to 18 weeks.
• This license has compliance requirements attached to it.
• It is important to look at the expiry date of this license in order to meet these compliance regulations.
• Consider whether you have enough work authorizations under that license to continue employing individuals.
• Without a sponsor license, you cannot employ an EU or non-EU national.
• Any EU citizens coming to the UK intending to work after 1 January 2021 will need to obtain authorization in advance.
• Work authorization cannot be obtained unless your employer has a sponsor license.

What options are available for employing EU/ non-EU nationals?

• As an employer you can sponsor an individual, but they are then tied to your organization for the duration of the employment.
• You will be awarded set points in specific criteria (including qualification, salary, English language and sponsoring).

Skilled Worker:

• This option applies to new hires or local hires, who intend to remain in the UK permanently.
• EU citizens applying for a skilled worker visa will need to show they have a job offer from an accredited employer sponsor in order to apply.
• A skills threshold will apply, including salary requirements, qualification requirements and English language requirements.
• The salary threshold criteria is:
  • Minimum salary requirement of £25,600.
  • There is also a ‘category salary threshold’ which depends on the specific role that employee will undertake.
  • There are also salary thresholds which apply to the type of role the individual will be involved in.

Intra Company Transfer Route:

• This option involves transferring individuals from overseas linked entity to that UK entity. This option may be more suitable for a short-term assignments or temporary work.
• This route does not lead to permanent residency.
• Salary threshold criteria:
  • Skills threshold is much higher in this route.
  • Minimum salary requirement of £41,000

How can employees prove their right to work in the UK?

• Until 30^th June 2021, potential employees can still prove their right to work in the UK by using:
  • A passport or National ID card if you are an EU, EEA or Swiss citizen.
  • A biometric residence card if you’re a non-EU EEA or Swiss citizen.
  • Your status under the EU Settlement Scheme of EU Temporary Leave Scheme using the Home Office’s online right to work checking service: https://www.gov.uk/prove-right-to-work
• As an employer you cannot require citizens to show you their EU Settlement Status until after June 30, 2021 for discriminatory reasons.
• Employers should support their employees in applying for the EU Settlement Scheme.