New Rules: Hiring From Outside The UK

Updated: Jan 19

Free movement of labour is ending, and a new points-based immigration system will introduce new job, salary and language requirements that will change the way you recruit from the EU. Here’s what you need to know if you currently – or plan to – employ from outside of the UK.

In simple terms, the new system will treat EU and non-EU citizens equally and transform the way in which we as employers recruit from outside of the UK. NEW RECRUITS:

1/ The new immigration system will apply to all people arriving into the UK to work from 01st January 2021. These new visitors will be required to get a visa in advance. If an applicant is applying for a skilled worker visa they will need to show that they have a job offer from an approved employer sponsor to be able to apply. 2/ You will need a sponsor licence in order to hire most employees from outside of the UK (although Irish citizens are excluded from this requirement). For more information about applying for a licence, please click here: https://www.gov.uk/uk-visa-sponsorship-employers.

You can find more information on the UK’s new points based immigration system through the government website: https://www.gov.uk/guidance/new-immigration-system-what-you-need-to-know. EXISTING EMPLOYEES:

1/ EU, EEA or Swiss citizens and their family members who are living in the UK before 01st January 2021 need to apply to the EU Settlement Scheme to continue living and working in the UK after 30th June 2021. 2/ If you have workers that need to apply, you can refer them to the government website: https://www.gov.uk/settled-status-eu-citizens-families You may also want to share information with your employees about the EU Settlement Scheme using the Government employer toolkit available here: https://www.gov.uk/government/collections/eu-settlement-scheme-employer-toolkit Please remember that you have a duty not to discriminate, and therefore, you cannot require a worker to show you their status under the new EU Settlement Scheme until after the 30th June 2021. If you have any queries in relation to hiring outside of the UK or retaining your existing EU workers, please do not hesitate to contact the NucleusHR team via Toni on 07960 418494 or email toni@nucleushr.com