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Employment Eligibility

Understanding the legal requirements for working in the UK, including visa and permit conditions.

Sections

a. Immigration Rules

  • The UK operates a points-based immigration system for non-UK nationals, which determines eligibility to work based on skills, qualifications, job offers, and salary thresholds.
  • EU, EEA, and Swiss nationals who arrived in the UK after 1 January 2021 are subject to the same immigration rules as other non-UK nationals.

b. Right to Work Checks

  • Employers are legally required to conduct Right to Work checks before hiring any employee. This involves verifying the individual’s identity and immigration status.
  • Failure to conduct these checks can result in fines of up to £20,000 per illegal worker.

c. National Minimum Wage and Employment Rights

  • All workers in the UK are entitled to the National Minimum Wage or National Living Wage, depending on their age and employment status.
  • Workers also have rights to paid holidays, sick pay, and protection from discrimination.

3. Employment Eligibility Based on Nationality

a. UK and Irish Nationals

  • UK and Irish citizens automatically have the right to work in the UK without any restrictions.
  • Proof of eligibility: A valid UK or Irish passport or birth certificate.

b. EU, EEA, and Swiss Nationals

  • Those who were living in the UK before 31 December 2020 may have applied for the EU Settlement Scheme (EUSS), granting them either Settled Status or Pre-Settled Status, which allows them to work.
  • EU, EEA, and Swiss nationals arriving after 1 January 2021 need a visa under the points-based immigration system.

c. Non-EU Nationals

  • Non-EU nationals must obtain a visa that permits work, such as a Skilled Worker visa, Global Talent visa, or Graduate visa.

4. Points-Based Immigration System

The points-based system applies to most non-UK nationals and includes several visa categories. Below are the most common routes for employment:

a. Skilled Worker Visa

  • For individuals with a job offer in the UK from an approved employer (sponsor).
  • Requirements:
    • A confirmed job offer from a licensed sponsor.
    • The job must meet the skill and salary thresholds (minimum £26,200 per year or £10.75 per hour, or £20,960 for shortage occupations).
    • Proficiency in English.
  • Validity: Up to 5 years, with the option to extend or apply for settlement.
  • Cost: £610–£1,408 (application fee) + £624 per year for the Immigration Health Surcharge (IHS).

b. Global Talent Visa

  • For highly skilled individuals in fields such as science, technology, engineering, arts, and academia.
  • Does not require a job offer but requires endorsement from a recognized body.
  • Cost: £623 + IHS.

c. Graduate Visa

  • For international students who have completed a degree in the UK.
  • Allows work at any skill level for up to 2 years (3 years for PhD graduates).
  • Cost: £715 + IHS.

d. Other Work Visas

  • Health and Care Worker Visa: For healthcare professionals.
  • Start-up and Innovator Visas: For entrepreneurs.
  • Temporary Worker Visas: For seasonal or short-term work.

5. Right to Work Checks

Employers must verify an individual’s right to work by checking one of the following:

  • A valid passport or national ID card (for UK/Irish citizens).
  • A Biometric Residence Permit (BRP) or Biometric Residence Card (BRC).
  • A share code generated via the UK government’s online system for visa holders.

Online Right to Work Check

  • Non-UK nationals with a visa can generate a share code via the UK government’s Right to Work service.
  • Employers use this code to confirm work eligibility.

6. Costs Associated with Employment Eligibility

a. Visa Application Fees

  • Skilled Worker Visa: £610–£1,408.
  • Graduate Visa: £715.
  • Global Talent Visa: £623.
  • Temporary Worker Visa: £259.

b. Immigration Health Surcharge (IHS)

  • £624 per year for most visa categories.
  • Paid upfront for the duration of the visa.

c. Other Costs

  • English language tests (if required): £150–£200.
  • Criminal record checks (if required): £55–£95.

7. Country-Specific Considerations

a. EU Settlement Scheme

  • EU, EEA, and Swiss nationals who missed the 30 June 2021 deadline for the EU Settlement Scheme may still apply if they have reasonable grounds for missing the deadline.

b. Shortage Occupation List

  • Certain jobs are on the Shortage Occupation List, making it easier to obtain a Skilled Worker visa. These include roles in healthcare, engineering, IT, and teaching.
  • Jobs on this list have lower salary thresholds (£20,960 or £10.75 per hour).

c. English Language Requirement

  • Most work visas require proof of English proficiency through an approved test (e.g., IELTS) or a degree taught in English.

d. Self-Employment

  • Non-UK nationals generally cannot work as self-employed unless they hold a visa that explicitly allows it (e.g., Innovator Visa).

8. Steps to Become Eligible to Work in the UK

Step 1: Determine Your Eligibility

  • Check if you need a visa based on your nationality and intended work.

Step 2: Secure a Job Offer (if required)

  • For most work visas, you need a job offer from a licensed sponsor.

Step 3: Apply for a Visa

  • Submit your visa application online, pay the fees, and provide supporting documents (e.g., passport, job offer letter, proof of English proficiency).

Step 4: Attend a Biometric Appointment

  • Provide fingerprints and a photo at a visa application center.

Step 5: Receive Your Visa

  • Once approved, you’ll receive a visa vignette or a Biometric Residence Permit.

Step 6: Start Work

  • Provide your employer with proof of your right to work.

9. Additional Resources

This guide provides a detailed overview of employment eligibility in the UK. If you have specific questions or need further clarification, feel free to ask!