From 1 January 2021, the freedom of people to move between the UK and EU countries will end and the UK will introduce a new immigration system that will treat all applicants equally, regardless of what country they come from (except Irish citizens who are exempt from immigration rules, due to the pre-existing Common Travel Area arrangements).
From 1.1.21 all non-British/Irish nationals will require a valid immigration status/visa to live, work and study in the UK.
This will not apply to EEA (European Economic Area) or Swiss citizens who lived in the UK prior to 2021, who have been accepted to the EU Settlement Scheme (EUSS).  (EEA citizens must have applied to the EUSS by 30th June 2021 to preserve their right to live and work in the UK from 2021 (if they wish to!), unless they have ‘reasonable grounds’ for a late application.
In February 2021 the Government produced a leaflet called “Understanding your right to work in the UK: EU, EEA and Swiss citizens” which you can see here.
And the Government published an Employer Toolkit to help Employers support EU citizens to apply to stay in the UK.
So here we look at the details you need to know. DISCLAIMER – as the Government is continually refining the immigration system the information in this Guide is correct, we believe, at November 2025 – however, WE WILL NOT UPDATE THIS ANY FURTHER. If, as an Employer you need help with immigration rules/visas please speak to an Immigration Specialist.
Sponsor licences and visa documents – information for Employers:
From 1st January 2021, Employers will need a sponsor licence to employ anyone new they wish to recruit from outside the UK (excluding Irish citizens).
Employers will be subject to a Civil Penalty if they are found to be employing illegal workers. The starting point for the calculation of the civil penalty is £60,000 from the beginning of 2024.
The Government published a guide for sponsors of Workers and Temporary workers, about the documents they need to keep, which you can see here (updated November 2025).
Immigration – Job Seekers/Workers:
Most Job Seekers/workers from outside the UK (excluding Irish citizens) will need a valid visa before they can travel to the UK, if they intend to live, work or study in the UK from 2021.
Details of the EU Settlement Scheme (EUSS):
Pre-Settled Status for EEA nationals living in the UK before 31st December 2020
This is valid for 5 years but will lapse if the individual is absent from the UK for 2 consecutive years, and will lapse if the individual does not reapply for settled status after 5 years (which means individuals would lose their right to work, rent property or access services in the UK; and could face deportation).
However, in December 2022, the High Court ruled that the requirements of the EU ‘pre-settled’ status scheme, for individuals to re-apply to get ‘settled’ status after 5 years, is unlawful because it requires them to re-apply to upgrade their settlement status. The Government initially said they would appeal this decision, however, the Government announced that from September 2023 anyone who holds pre-settled status will receive an automatic two-year extension without needing to make a further application.
In addition, from 2024 anyone who has lived continuously in the UK with Pre-Settled Status for more than 5 years, will automatically convert to Settled Status.
Since July 2025 someone holing pre-settled status will be granted settled status where they have been resident in the UK for at least 30 months in total in the most recent 60-months period.
Settled Status for EEA nationals living in the UK before 31st December 2020
This is available if people spend a continuous period of 5 years in the UK (with no more than 6 months absence in any 12 month period; there are a few exceptions where longer absences are allowed).
Employers can view their EU workers’ right to work in the UK status, issued under the EU Settlement Scheme here.
The Home Office created an employer toolkit available here.
How do Employers get a sponsor licence (to employ someone from outside the UK, if they do not have EU Settlement rights)?:
1.You need to check your business is eligible.
To get a licence, you cannot have unspent criminal convictions for immigration offences or certain other crimes, such as fraud or money laundering.
2. You need to choose the type of licence you want to apply for
The most common licences are a ‘Worker’ licence and a ‘Temporary Worker’ licence – you can apply for a licence covering either tier or both.
3. You then need to decide who will manage the sponsorship within your business, i.e. who will use the sponsorship management system (SMS).
4. And you need to apply and pay a sponsorship fee
UK Visa and Immigration may need to visit your business before your application is confirmed.
You can read current information here about fees (this link contains all the current fees for all types of immigration)
Sponsoring an individual skilled worker (without dependants) includes fees for the:
- the licence,
- a sponsorship certificate for each individual
- the worker’s visa application (many Employers choose to pay this),
- immigration skills charge (Employers may need to pay between £364 – £1,000 per skilled worker for the first 12 months),
- the immigration health charge (for visas over 6 months), which many Employers choose to pay (rather than the worker pay)
- any legal advice you need.
5.        After you apply
You’ll be given a licence rating if your application is successful. You’ll get an A-rated licence if your application is approved which lets you start assigning certificates of sponsorship to job seekers. It can take up to 8 weeks to receive a sponsor licence.
Your A-rated licence may be downgraded to a B-rating at a later stage if you do not continue to meet your sponsor duties. If this happens, you will not be able to issue new certificates of sponsorship until you’ve made improvements and upgraded back to an A-rating (after paying a fee). You’ll still be able to issue certificates to workers you already employ who want to extend, or who are switching from, a Work Permit.
You must assign a certificate of sponsorship to each foreign worker you employ. This is an electronic record, not a physical document. Each certificate has its own number, which a worker can use to apply for a visa.
Different types of Visa’s (at November 2025, this will no longer be further updated):
All the work visa’s that are currently available are detailed here.
Low Skilled Workers:
There will only be sector specific seasonal visa programmes such as the Seasonal Workers programme (which will give time limited visas within a quota system).
Frontier Workers:
If you are an EU, EEA or Swiss Citizen who is employed or self-employed in the UK, but you are not primarily resident in the UK, then you are a Frontier Worker.
On 10th December 2020 the Government launched the Frontier Worker Permit Scheme. Individuals who were employed or self-employed in the UK as a frontier worker before the end of December 2020 may be eligible for a frontier worker permit which will enable them to continue to do this.
The Government guidance is here.
Other immigration routes into the UK:
A full list of worker routes can be read here in the points-based system introduction for employers document.
Visiting the UK after 1st January 2021 for non British/Irish nationals
Visitors (including EEA/EU nationals) are able to come to the UK for 180 days at any one time to attend meetings, interviews, conferences, gather information for their work, give and receive training, holiday and do some short-term studies, without needing a visa.  Details here.
Visitors should not undertake any work or long-term study using this route as only limited business or work activities are allowed (as above). Therefore, this visitor route cannot be used for work placements or internships.
Visitors from certain countries need to get a ‘visitor visa’ before they arrive in the UK.
Students
Students must be sponsored by a Higher Education Institute or School who hold a sponsor licence to study in the UK. EEA nationals will be included in this category if they arrive in the UK from 1st January 2021.
Some visas allow the holder to work in the UK without an employer sponsoring them, including:
- British National (Overseas) visa
- Graduate visa
- Youth Mobility Scheme visa
- India Young Professionals Scheme visa
- Apply for the Global Talent visa
- UK Ancestry visa
- High Potential Individual (HPI) visa.
Immigration – Checking new employees right to work:
You’ll still need to check that all new employees (including British and Irish citizens) have a right to work in the UK before they start work.
After 1st July 2021, employers must ask new EEA employees for proof of their immigration status – which will be either be under the EU Settlement Scheme or via the new immigration system.
The Government updated their Right to Work Checks, an Employers Guide in July 2025. At the end of March 2025 the Government additionally announced that companies hiring people in the gig economy and hiring zero-hours workers will now be legally required to carry out checks confirming that the staff can work in the UK. Previously, thousands of companies using these flexible arrangements were not legally required to check the status of these workers.
EEA national’s who have applied for their immigration status under the EU Settlement Scheme (EUSS), will not have a physical document to prove their status. Their status will need to be verified online by the employer.
If an employee has a time limited right to work in the UK, Employers must carry out a further check around the time of the expiry of the employees current visa. If an employee needs to extend their working visa and has made an application to extend this, they will continue to have the right to work in the UK until a decision on their application is made – but Employers should ask to see a copy of their application etc.
Freelancers
Freelancers from outside the UK, including those from the EU that have not obtained pre-settled or settled status, will be unable to offer freelance services personally in the UK unless they have a relevant work permit and an employer to sponsor them. They can continue to work for UK companies of course, but only if they do not physically do the work in the UK.