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EU Citizens Working in the UK

By: Louise Smith, barrister - Updated: 14 Apr 2018 | comments*Discuss
 
Eu Citizens Working In The Uk

Despite the vote to exit the EU, the UK will still remain a member of the EU until Article 50 negotiations have concluded. This means most citizens of countries in the European Union (EU), the European Economic Area (EEA) and Switzerland have the right to live and work in the UK under European law. European nationals may also bring their family with them to live in the UK. However, to exercise the right to live in the UK nationals of these countries must be able to support themselves and their families without having to rely on public funds.

Anyone working in the UK must register with Her Majesty’s Revenue & Customs and are liable to pay income tax and national insurance contributions provided their income exceeds the tax-free minimum.

Working in the UK

European nationals with the right to live in the UK are, with certain exceptions, are still entitled to work in the UK and do not need to obtain a visa or work permit in order to do so. European nationals have the same rights as UK citizens in this respect, and employers must treat them equally. An employer who treats an EEA or Swiss worker differently purely because he is not from the UK is guilty of discrimination.

EEA nationals and their family members can be employed, self-employed or start their own businesses in the UK. If the family members of an EEA national exercising his right to live in the UK are not themselves EEA or Swiss nationals they will have to apply for an EEA family permit before they travel to the UK.

Remaining in the UK

EU nationals who have lawfully resided in the UK for at least five years automatically have permanent residence. After six years, EU nationals who have lived continuously and lawfully in the UK are eligible to apply for British citizenship.

Croatian Nationals

Due to the transitional arrangements that were put in place when Croatia joined the EU in 2013,Croatian nationals may have to apply for a registration certificate to be allowed to work in the UK. This will depend on whether they need permission to work in the UK, and what they will be doing. Applications will continue to be processed as usual, despite the Brexit vote.

Document checks to work in the UK

To find out if a potential employee has the right to work in the UK and what documents employers should check, or if you want to find out which documents you, as an employee need to produce to prove you’re eligible to work in the UK, please see link here.

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[Add a Comment]
Mazzaf - Your Question:
Hi my father is an Italian national who has lived and worked for over 40 years in the UK and is now retired. Will he need to do anything?

Our Response:
Please see the link here, which should tell you all you need to know.
AboutImmigration - 17-Apr-18 @ 3:03 PM
@Mazzaf - your father will soon have to apply for settled status which will allow him to live in the UK after Brexit.
TJ. - 14-Apr-18 @ 6:09 AM
@Catarina - you should regularize your Portuguese documents otherwise you will find it difficult to prove that you are an EU citizen with the right to live in the UK.
TJ. - 14-Apr-18 @ 6:07 AM
Hi my father is an Italian national who has lived and worked for over 40 years in the UK and is now retired. Will he need to do anything?
Mazzaf - 13-Apr-18 @ 2:49 PM
Hello, I'm from Portugal but I came to England with my mother when I was 2. She's worked, I've worked but I don't think we have any official papers. I've been to school here, worked, we both haven't left England since we came here. Is there anything I can do to help myself?
Catarina - 12-Apr-18 @ 9:52 PM
Van - Your Question:
I am french citizen, have lived in the Uk for 10 years 1998-2008. My son was born there 2001. We returned to France 2008 and about to move back in september. Does it help or been away too long ?

Our Response:
If you have only just returned to live in the UK, then you will be judged as beginning your term again. You can see more via the link here.
AboutImmigration - 10-Apr-18 @ 12:50 PM
I am french citizen, have lived in the Uk for 10 years 1998-2008. My son was born there 2001. We returned to France 2008 and about to move back in september. Does it help or been away too long ?
Van - 10-Apr-18 @ 2:33 AM
Hi, I'm a citizen of Moldova (which is not in EU) and I have Master's degree in Finance and Accounting from university in Moldova, but I'm also have a Romanian citizenship and passport, so I can live and work in UK, but how do I know if in UK my diploma is recognised or not? or do I need to take exams?
MaxZ - 8-Apr-18 @ 10:38 PM
@muzzi - It is not easy to marry a non EU person in the UK but if you wish to do so your girlfriend will have to apply for a Marriage visitor visa.She will not be able to work on this visa and it is only valid for 6 months. After you get married she can apply for the EEA family permit which will allow her to work in the UK.
TJ. - 2-Apr-18 @ 3:25 PM
Hi again,thanks for feedback... now I need to specify something, I can't leave From Uk now because of work and I asking.. if my Phillipine girlfriend come in UK with Travel VISA and want to remain here, she can do this? I mean make NINO and start working here... can be problems?in this case what we should do to remain here both? And even if we marrying in UK this can give her an advantage to stay and work here with me? or how to do it... Thanks
muzzi - 2-Apr-18 @ 2:10 PM
@muzzi - After you marry your girlfriend she can apply for an EEA family permit which is valid for 5 years and will allow her to work in the UK without restriction. This permit is very easy to obtain once you are married and you do not have to be married in the UK to apply.
TJ. - 31-Mar-18 @ 9:53 AM
Hi TJ...im an EU citizen working in UK for more than a year now, my girlfriend is from Philippines, never been in UK but she want to work in the UK and I want to know what paper's need for this,what type of Visa should apply to be sure can stay and work here in the UK?. Thank you
muzzi - 31-Mar-18 @ 4:07 AM
@Sam.Roz - If you have a degree from a UK institution you do not need a sponsor to apply to come to the UK. You can simply apply for the blue certificate.
TJ. - 28-Mar-18 @ 3:25 PM
Hi I'm a Croatian national who has been living and working in Ireland for the past 3 years. I have a degree from a university in London where i graduated in 2014. I know the ban for croatians to get work permits is being lifted in July, but what can my new employer do in the meantime? They don't sponsor for visas.
Sam.Roz - 28-Mar-18 @ 11:36 AM
@girl - Your husband simply has to apply for a 5 year EEA family permit. Other than a recognized marriage there are no other significant requirements for this permit
TJ. - 27-Mar-18 @ 7:41 PM
@Sam - If you leave the UK for more than 90 days in one year before you become a permanent resident your chances of becoming a Permanent resident are reduced. However if you have not been outside the UK for over 450 days in 5 years your application should be approved.
TJ. - 27-Mar-18 @ 7:39 PM
Hi there, I am a school teacherwith two nationalities,Brazilian and Italian, and my husband is a Brazilian mechanical engineer and I was wondering what are the procedures if we decided to move to England?
girl - 27-Mar-18 @ 4:09 PM
Hi, I am an EU national who has lived and worked in the UK for the last 4 years. I am now self employed, starting a company in my home EU country. For that purpose, I probably need to re-register in my home EU country. However, I will continue to live with my wife(who is also an EU national working and living in the UK) in the UK. I will now travel weekly between my original home country, where I am setting up my company, and the UK, which I would like to keep as my main residence for the time being (albeit being registered with an address in my home country). Will this impact my right to apply for permanent residence in one year? Can I pay myself a wage to the UK which is taxed in the UK and subject to national insurance? Many thanks for your advice.
Sam - 27-Mar-18 @ 1:12 PM
Mikelele - Your Question:
Hello,My girlfriend has been employed in London, by Restaurant Associates and is working for them for a month already. She is Polish, came here with an ID card that grants her entry and rights to work in UK. Now her employer is demanding a passport, which she do not own cause she do not need it, threatening removing her from her position. Are they allowed to do that?

Our Response:
You can see more via the gov.uk linkhere which will tell you all you need to know about the requirements of your girlfriend's employer.
AboutImmigration - 27-Mar-18 @ 10:12 AM
@Mikelele - Your girlfriend's employer must be asking for a passport because of how easy it is to forge National IDs and wishes to confirm her status as an EU national. However if your girlfriend already has a National Insurance number she should apply for a UK Biometric Residence card which will confirm her status in the UK.
TJ. - 26-Mar-18 @ 7:27 PM
Hello, My girlfriend has been employed in London, by Restaurant Associates and is working for them for a month already. She is Polish, came here with an ID card that grants her entry and rights to work in UK. Now her employer is demanding a passport, which she do not own cause she do not need it, threatening removing her from her position. Are they allowed to do that?
Mikelele - 26-Mar-18 @ 2:22 PM
@Dig - As an EU citizen, you are free to come and live and work in the UK anytime you choose without any restrictions.
TJ. - 26-Mar-18 @ 7:24 AM
Hi, My wife has a tier 2 visa (intrancompany transfer) and will be working in the UK (she is not EU national. I’m an EU national. How can I join her? Simply enter the UK ? Shouls I apply for anything?
Dig - 26-Mar-18 @ 12:45 AM
Hi everyone, I’m EU citizen,from Germany I moved to UK 3months ago with my wife non EU (from Tunisia) What do I need to get her a visa to stay (she got 6 months tourist visa) I will start working soon and I signed already my work contract Thanks ??
Mo - 25-Mar-18 @ 2:30 AM
@Terry - Your niece's spouse can apply for the EEA family permit as long your niece is looking for work, studying or self sufficient or employed.
TJ. - 2-Mar-18 @ 11:10 AM
My Portuguese niece and her legal Venezuelan spouse want to move to the UK to live and work. Both are Engineering Graduates. He also has a Masters Degree earned in Spain last year. He will need a Family Permit, I think. Do they need to prove they are self-supporting in order to move to the UK to look for work? Are there any other requirements? They are currently in the USA and have valid tourist visas. Many thanks for your clarification.
Terry - 2-Mar-18 @ 7:55 AM
@LR - They may be self-supporting, or they may work from home or be eligible to claim benefits. It could be for many reasons - but their race shouldn't be a factor to pre-judge their reasons why they are not having to work and you are.
Gill - 27-Feb-18 @ 1:47 PM
can you please inform me as to why the two Lithuanians living below me for nearly 2 years don't have to work in Uk while I at 61 with arthritis and sciatica have to work full time hours
LR - 26-Feb-18 @ 10:30 AM
@TJ -Thanks for your reply.Only child benefit just started from Jan.2018So will this be an issue for me to travel out of UK and return back in 15 days.Six months will be completed of my entry to UK in May and my travel dates are also schedule in April-May. Also My 7 year daughter is schooling in uk.
silvi - 26-Feb-18 @ 9:02 AM
@silvi - as long as you are not claiming public funds or using free NHS without insurance you should be fine to return to the UK.
TJ. - 26-Feb-18 @ 7:17 AM
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