articleNon-UK Nationals as UK workforce post Brexit

Intro

There appears to be a bit of confusion around the immigration regime applicable in the UK post Brexit. So I put together some notes on the current status of non-UK nationals willing to pull up their sleeves and make the UK great again. Wait… that's a whole other country's punchline. So, let's get.

What is the composition of the UK workforce?

The settled UK workforce post-Brexit includes non-UK nationals with:

  • Unrestricted right to work
  • Restricted right to work

Why is this the case?

Even if some crazy voodoo got into decent people's mind and made them to vote OUT, the UK remains a great country to live in and do some work, isn't it?

When will this kick in?

The UK completed the transitioning phase during the last day of last year - that's 31 December 2020 for posterity. Since 1st January 2021, the UK is out of the EU - in a way - as it still is geographically a European country… confusing… I know. For all intents and purposes, the new immigration regime applies from that date onwards. Details below.

How to decide which way to go?

They say a picture is worth a thousand words so here goes… You need to have a look at the following mind maps I put together. I am hopeful it may help you navigate the otherwise byzantine rules and conditions:

Overview

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Sponsorship

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NB: The Standard Occupation Classification (SOC) codes are located in the Immigration Rules in a new Appendix Skilled Occupations . If the employer is unclear which code applies, it can use the ONS search engine to decide which one best fits the migrant's job description.

(Business) Visitor

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NB: The updated Visit visa - permitted activities rules can be found here .

Other Visa Options

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Where can I find more details about it?

If you need specific information which is outside or beyond the scope of this article, please feel free to engage on Twitter or LinkedIn . Check out my Bio for details.

Who does this apply to?

Depends on who you are, see where you fit in the categories below then check out the mind maps.

Unrestricted right to work

  1. Employees with indefinite leave to remain (settlement)
  2. EU nationals (and family members) with Settled Status under the EU Settlement Scheme (EUSS), or holding a right of abode
  3. Republic of Ireland nationals

Restricted right to work

  1. Skilled Workers (SW) or Skilled Worker ICT (SW ICT) (formerly T2 General or T2 ICT) An employer who obtained a Sponsor licence can sponsor (subject to meeting certain criteria) employees (not contractors or employees of contractors) from its: UK entities & Linked EU entities.
  2. EU nationals with Pre-Settled status
  3. Dependents (spouse or partner) of UK nationals
  4. Points based dependents (e.g., dependent of SW or SW ICT visa, or Tier 1 visa individual - Global Talent, Investor, Start-up etc.)
  5. Students (max 20 hours/week in term-time and full-time on school holidays)
  6. Ancestry visas (commonwealth nationals with UK born grandparent)
  7. Graduates (from June 2021, for up to two years from graduation)
  8. Youth Mobility visa (nationals of Canada, Australia, New Zealand, Japan, Monaco, South Korea, Hong Kong, Taiwan and San Marino)
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