Employing EU Nationals After Brexit in 2026
What you need to know
- •EU nationals who arrived after Brexit need visas and potentially sponsorship.
- •Check EUSS status using the Home Office online checking service and share codes.
- •Irish nationals have unrestricted right to work without needing a visa.
- •EU passports alone are no longer proof of right to work for post-Brexit arrivals.
EU nationals who arrived before 2021 may have settled or pre-settled status. Those arriving after need visas and sponsorship like any other non-UK national. Irish nationals retain unrestricted work rights. This guide covers right-to-work checks and employer obligations.
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The Post-Brexit Landscape
Since 1 January 2021, EU nationals have been subject to the same immigration rules as nationals of any other country. Free movement ended on 31 December 2020. The key distinction is between EU nationals who were in the UK before that date and those who arrived after.
EU Nationals with Settled or Pre-Settled Status
EU nationals who were resident in the UK before 31 December 2020 could apply for status under the EU Settlement Scheme:
- Settled status: Equivalent to ILR. Full right to work without restriction
- Pre-settled status: Grants right to work for 5 years, after which they can apply for settled status
Check their status using the Home Office online service with their share code. EU passports or ID cards alone do not prove EUSS status.
EU Nationals Arriving After Brexit
EU nationals who arrived after 31 December 2020 need a visa to work in the UK. This means:
- You need a sponsor licence to employ them on a Skilled Worker visa
- They must meet the same skill and salary thresholds as any other visa applicant
- You must pay the same sponsorship fees
- All normal sponsor duties apply
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Irish Nationals
Irish nationals are exempt from immigration control under the Common Travel Area (CTA) agreement between the UK and Ireland. This was not affected by Brexit. Irish nationals have an unrestricted right to work in the UK and do not need settled status, a visa, or sponsorship. An Irish passport or Irish national ID card is sufficient proof of right to work.
Right-to-Work Check Process
- Ask the employee whether they have EUSS status, a visa, or are Irish
- For EUSS holders: Use the online checking service with their share code
- For visa holders: Check their BRP or use the online service
- For Irish nationals: Check their Irish passport or ID card
- Record the check and keep evidence
Avoiding Discrimination
It is illegal to discriminate based on nationality when hiring. You must apply the same right-to-work checking process to all candidates. Do not make assumptions about someone's right to work based on their name, appearance, or accent.
For civil penalty risks and more on employer responsibilities, see our dedicated guides.
EU Nationals and Citizenship
EU nationals with settled status can apply for British citizenship after 12 months. For EU-specific citizenship guides, see our pages on Polish nationals and other EU nationalities. For citizenship benefits, see our travel benefits guide.
This guide is general information, not immigration advice. Immigration rules change frequently. For advice on your specific situation, consult an OISC-registered adviser or immigration solicitor. Always check GOV.UK for the latest rules.
Preparing a UK visa application?
Get a personalised document checklist and eligibility check — free.