Employers’ legal guide to post-Brexit immigration

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UPDATE

While the deadline for applications to the EU Settlement Scheme was 30 June 2021, an extension could apply in certain circumstances or if 'reasonable grounds' can be shown for not applying by 30 June. Prospective applicants can check the eligibility criteria to see if they can still apply.
The process for completing right-to-work checks on EU, EEA, and Swiss citizens has changed from 1 July. The Home Office has published an updated Employer Partner Pack to help employers navigate the new requirements.
A new Graduate route to allow international students to remain in the UK to work after their studies is now in operation. Applicants must have completed a Bachelor’s degree or higher in the UK. If approved, they may stay for a maximum period of 2 years (or 3 years for Doctoral students) and work at any skill level. Applicants may then apply to switch into a permanent work route for a suitable job – namely the Tier 2 Skilled Worker route. The Graduate route is a new scheme which should be considered in addition to the routes covered in our Employers' legal guide to post-Brexit immigration.

From 1 January 2021, a new, points-based immigration system will operate as the legal framework for how EU and other overseas nationals may come to live and work in the UK.

HR professionals and employers who are looking to retain or recruit non-UK citizens will need to familiarise themselves with the new requirements and processes so they can support their people and stay compliant. The CIPD has produced a comprehensive guide that will address the essential questions and help you navigate the system. Our supporting diagnostic tool and flowchart will provide an instant view on the visa permissions your circumstances may demand, while our guide will provide step-by-step details and case study examples on:

applications under the EU Settlement Scheme
how to assess and record the right to work from 2021
sponsorship categories, including Skilled Worker and Intra-Company Transfer
how to obtain and retain sponsorship licences.

Download the guide and the diagnostic flowchart:

Guide: Employers’ legal guide to post-Brexit immigration

Download the guide

PDF document 1 MB

Flowchart: Does the candidate have a right to work?

Download the flowchart

PDF document 59.5 KB

Use the diagnostic tool: Does your prospective employee have the right to work in the UK after Brexit?

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