Following Brexit, can I work in the UK if I’m not a citizen?

The short answer is yes, however it’s a little more complex since Brexit. If a current employee is an EU, EEA or Swiss citizen, they are required by law to apply to the EU Settlement Scheme to continue living and working in the UK after 30 June 2021.

Who should apply to the EU Settlement Scheme?

Except in a few cases, you need to apply if:

• You’re an EU, EEA or Swiss citizen
• You’re not an EU, EEA or Swiss citizen, but your family member is (or is an eligible person of Northern Ireland)

This means you need to apply even if you:

• Were born in the UK but are not a British citizen 
• Have a UK ‘permanent residence document’
• Are a family member of an EU, EEA or Swiss citizen who does not need to apply - including if they’re from Ireland
• Are an EU, EEA or Swiss citizen with a British citizen family member

What happens when I’ve applied to the EU settlement Scheme?

Depending on your living arrangements over the past 5 years, your status will either be deemed settled or pre-settled.

What is settled status?

You’ll usually get settled status if you’ve lived in the UK for a continuous 5-year period . Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period. 

There are a number of exceptions which can be found on the Gov.uk website.

What is pre-settled status?

If you have not lived in the UK for 5 years in a row, you’ll usually get pre-settled status. You must have started living in the UK by 31 December 2020 unless you are applying as the existing close family member of an EU, EEA or Swiss citizen who started living here by then. You can stay in the UK for a further 5 years from the date you get pre-settled status.

You can apply to switch to settled status as soon as you’ve had 5 years’ continuous residence. The 5 years is counted from the day you first arrived in the UK. You do not need to have held pre-settled status for 5 years to apply.

You must apply for settled status before your pre-settled status expires to stay in the UK.

What employment benefits am I eligible for once my status is granted?

As long as you have been living in the UK before the 31st December 2020, once your status is determined as settled, you will be eligible for the following:

• Use the NHS for free, if you can at the moment
• Enrol in education or study in the UK
• Access public funds such as benefits and pensions, if you’re eligible for them
• Travel in and out of the UK

What if I stop working or start work in an EU country?

If you’re an EU, EEA or Swiss citizen you may be able to get settled status if you have to stop working or being self-employed because of an accident or illness (known as ‘permanent incapacity’).

You may be able to get settled status if either:

• You have lived continuously in the UK for the 2 years immediately beforehand
• The permanent incapacity was the result of an accident at work or an occupational disease that entitles you to a pension from a UK institution

What if I’m going to reach state pension age or retire early?

If you reach State Pension age you can get settled status if you stopped working when you reached State Pension age and either:

• You worked continuously or were self-employed for 1 year beforehand and have lived continuously in the UK for 3 years
• Your spouse or civil partner is a British citizen
• If you retire early

If you’re an EU, EEA or Swiss citizen you can get settled status if you retire early and either:

• You worked continuously (for someone other than yourself) for 1 year beforehand and have lived continuously in the UK for 3 years
• Your spouse or civil partner is a British citizen
• If you start work or self-employment in an EU country

If you’re an EU, EEA or Swiss citizen you can get settled status if you start work or self-employment in an EU country and you both:

• Have lived and worked or been self-employed in the UK continuously for 3 years beforehand
• Usually return to your UK home once a week
• If you’re the family member of an EU, EEA or Swiss citizen at the time they start work or self-employment in an EU country you may also be eligible for settled status.

How do I prove my status? 

You can view your status or prove it to someone else online. You will not usually get a physical document.