Preparing for change – Hiring from the EU

From 1 January 2021, the way UK companies hire staff from the EU will change with the new immigration rules that have been outlined by the Home Office. Following the end of the Brexit transition period, the Home Office will bring in rules for EU workers, introducing job, salary and language requirements.

For companies to hire or continue hiring eligible EU workers on a Tier 2 (General) visa or intra-company transfer visa, they will need to register as a licensed sponsor from 1 January 2021.

The new rules also stipulate that any job offer must meet the specified minimum skill and salary thresholds:

• RQF3 (equivalent to A level)
• The higher of £25,600 or the ‘going rate’ for that job if that job is in a shortage occupation

This new ruling will not apply to EU employees already working in the UK. EU citizens and their family members living in the UK by 31 December 2020 can apply to the EU Settlement Scheme until 30 June 2021.

Where workers are coming to the UK using the Intra-Company Transfer route, from 1 January 2021 they will need to be:

• Sponsored by a Home Office licensed sponsor
• Have 12 months’ experience working for a business overseas linked by ownership to the UK business they will work for.

In addition, eligible roles must be:

• At graduate level equivalent or above
• Paid at least £41,500 or the ‘going rate’ for the job, whichever is higher.