Employing EU Nationals After Brexit
Free movement ended on 31 December 2020 and the EU Settlement Scheme closed to most applicants on 30 June 2021. What is left for employers is a set of distinctions: who holds settled or pre-settled status, who needs sponsoring, who is Irish, and what document proves which.
- Section
- Employers & Sponsors
- Reading time
- 9 min
- Last checked
- 15 February 2026
- Source
- The published Immigration Rules and GOV.UK guidance, linked throughout this guide.
- Rowan does not
- Look at your own case, tell you which route to choose, or say what the Home Office will decide. This guide shows the published rules and where to read them.
In short
- The EU Settlement Scheme deadline was 30 June 2021; a late application needs reasonable grounds.
- Settled and pre-settled status are held digitally and proved with a share code.
- Pre-settled status is automatically extended by 5 years before it expires, and may be automatically converted to settled status.
- An EU passport or national identity card has not been proof of the right to work since 1 July 2021.
- Irish citizens: an Irish passport or passport card, current or expired. No visa, no sponsorship.
The EU Settlement Scheme deadline was 30 June 2021; a late application now needs reasonable grounds for missing it. People who got status hold it digitally and prove it with a share code — an EU passport or identity card has not been proof of the right to work since 1 July 2021. Anyone who arrived after 31 December 2020 without that status needs permission to work, which for most jobs means a sponsored visa. Irish citizens are unaffected.
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
People from the European Union resident in the UK before 31 December 2020 could apply for status under the EU Settlement Scheme:
The deadline for most people was 30 June 2021. An application made now is a late one, and GOV.UK requires reasonable grounds for having missed the deadline before it will be considered.
- Settled status: indefinite leave to remain under the scheme. An unrestricted right to work, with no expiry
- Pre-settled status: limited leave, granted to people with less than 5 years’ residence. GOV.UK says it “will be extended by 5 years just before it’s due to expire”, and that after the extension “it may be automatically converted to settled status”. It can also be applied for as soon as the 5 years of residence are complete
Both are held digitally. The check is the online service with the person’s share code. A passport or national identity card proves nothing about scheme status, and biometric residence cards can no longer be accepted.
EU Nationals Arriving After Brexit
Someone from the European Union who arrived after 31 December 2020, and holds no status under the settlement scheme, needs permission to work like any other non-UK national. For most jobs that means a sponsored route:
- You need a sponsor licence to employ them on a Skilled Worker visa
- The same skill and salary rules apply as to any other applicant. For a new Skilled Worker application that is skill level RQF 6, and £41,700 a year or the going rate for the occupation code, whichever is higher
- You must pay the same sponsorship fees
- All normal sponsor duties apply
Irish Nationals
Irish citizens are not subject to immigration control, under the Common Travel Area arrangements between the UK and Ireland. The UK leaving the European Union did not change this. They need no settled status, no visa and no sponsorship.
The documents on the Home Office list are an Irish passport or passport card, current or expired. Ireland does not issue a national identity card, and a card from another European Union country is not a substitute. Irish citizens cannot get a share code, so the check is either manual or through a certified identity service provider.
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: the online service with their share code. Biometric residence permits and cards can no longer be accepted
- For Irish citizens: their Irish passport or passport card, current or expired, checked in their presence — in person or over a live video link while you hold the original — or through an identity service provider
- 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
Someone with settled status can apply for British citizenship once they have held it for 12 months, unless they are married to a British citizen, in which case there is no 12-month wait. Pre-settled status does not start that clock. For guides by nationality, see our pages on Polish nationals and other EU nationalities. For citizenship benefits, see our travel benefits guide.
You may also find our UK Visa Fees: Complete Guide andImmigration Health Surcharge helpful.
Questions and answers
Do EU nationals need a visa to work in the UK after Brexit?
Anyone from the European Union who arrived after 31 December 2020 needs permission to work, on the same footing as any other non-UK national. Those resident before that date, who applied to the EU Settlement Scheme, work on the strength of their settled or pre-settled status. Irish citizens are outside all of this under the Common Travel Area.
How do I check an EU national's right to work?
With the online checking service and a share code. Since 1 July 2021 an EU passport or national identity card is not, on its own, proof of the right to work for anyone — not only for later arrivals. Biometric residence cards can no longer be accepted either.
Do I need a sponsor licence to employ EU nationals?
For EU nationals who arrived after Brexit and do not have settled status, yes. They need a visa such as a Skilled Worker visa, and you need a sponsor licence to employ them. EU nationals with settled or pre-settled status do not need sponsorship.
What about Irish nationals?
Irish citizens have an unrestricted right to work under the Common Travel Area, unaffected by the UK leaving the European Union. They need no settled status, visa or sponsorship. The documents accepted are an Irish passport or Irish passport card, current or expired. An Irish citizen cannot get a share code, so the check is a manual one or through an identity service provider.
This guide is general information about published immigration rules. It is not advice about an individual application under s.82 Immigration and Asylum Act 1999, and Rowan is not regulated by the Immigration Advice Authority. Immigration rules change several times a year. For advice on a particular situation, contact an adviser authorised by the Immigration Advice Authority or an immigration solicitor. Always check GOV.UK for the authoritative current rules.