In connection with the end of the transition period, or at the end of 2020, EU citizens who would like to work in the United Kingdom will not be able to take advantage of current EU freedoms. Their status will be equivalent to the status of third country nationals. However, to simplify the employment of foreigners the authorities of the United Kingdom are modifying the regulations governing this issue. 

The changes to the employment of foreigners have been laid out in the document entitled “Statement of changes to the Immigration Rules” dated 22 October 2020 in which the obligation of conducting a labour market test to hire a foreigner and apply visa issuance limits for highly qualified employees has been abandoned and the minimum wage has been reduced to 25,600 pounds per annum (with some exceptions). The bulk of the new regulations will be applicable to visa applications submitted after 9:00 a.m. on 1 December 2020.

The terms and conditions for employing workers posted to the United Kingdom

An additional outcome of Brexit will be that the United Kingdom will not apply Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (Official Journal of the EU, 1997, no. 18, p. 1 as amended). The situation of a posted worker will not, however, change in respect of the terms and conditions of employment. For the obligation of applying local law to a posted worker ensues from the United Kingdom’s internal regulations. The law gives consideration to the terms and conditions of employment that are guaranteed to workers posted under the EU directive.  

EU citizens’ retention of the right to stay and work

EU citizens who resided in the territory of the United Kingdom prior to 1 January 2020 shall retain their right to stay and work according to hitherto conditions provided that they apply for settled status (applicable to people who have been in the country for at least 5 years) or pre-settled status (if their stay is shorter than 5 years). Applications to confer this status will be accepted until 30 June 2021.

Find more in the PRO HR November 2020.