Employing EU Nationals After Brexit in 2026

Updated 27 March 20269 min read

What you need to know

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:

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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

  1. Ask the employee whether they have EUSS status, a visa, or are Irish
  2. For EUSS holders: Use the online checking service with their share code
  3. For visa holders: Check their BRP or use the online service
  4. For Irish nationals: Check their Irish passport or ID card
  5. 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.

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