The right to work in the United Kingdom

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The Right to Work

British citizens and those with settled status have an unconditional right to work in the UK.

British Citizens

A British Citizen has an unconditional right to work in the UK. There are four ways of getting British citizenship:

1 By birth or adoption [British Nationality Act 1981 (BNA 1981) section 1]

2 By descent [BNA 1981 section 2]

3 By registration [BNA 1981 sections 3-5]

4 By naturalisation [BNA 1981 section 6 and Schedule 1]

Before you apply for naturalisation you must have sufficient knowledge about life in the UK, and sufficient knowledge of the English, Welsh or Scottish Gaelic language [BNA 1981 section 6 and Schedule 1, British Nationality (General) Regulations 2003, regulation 3 and Schedule  2]. You must go through an allegiance ceremony, and may lose your citizenship if it was obtained by fraud, false representation or concealment of a material fact [ BNA 1981 sections 40 and 42]

Settled Status

If you have settled status you have an unconditional right to work in the UK. Settled status, indefinite leave to remain and permanent residence all mean the same thing. [Immigration Act 1971 (IA 1971), section 33]

Who qualifies for settled status?

Those who qualify for settled status include the following;

• Family members may join a person with settled status, and can apply for British citizenship after 12 months. [Immigration Rules Part 8 and British Nationality Act 1981 (BNA 1981) sections 1 & 50]
• Those with continuous lawful employment in the UK for five years under various schemes:
• Work permit holders, except key workers or Training and Work Experience Scheme permit holders [Immigration Rules Part 5 – paragraphs 128, 128-A,134, 134-SD, 135].
• Highly skilled migrants (those who entered the UK in this way prior to 3 April 2006 only require four years' continuous employment) [Immigration Rules Part 5 - paragraph 135-G, 135-GA, 135-H, 135-HA].
• Overseas journalists and broadcasters [Immigration Rules Part 5 - paragraphs 142, 142-SD,143 ].
• Representatives of overseas businesses [Immigration Rules Part 5 - paragraphs 144, 144-SD, 145-151].
• Private servants in diplomatic households [Immigration Rules Part 5- paragraphs 158,158-SD, 159,   Part 6A, paragraph 245ZS, Tier 5 (Temporary Worker) Migrants].
• Domestic workers in private households [Immigration Rules Part 5- paragraphs 159-A, 159-E, 159-EA to 159 -K].
• Overseas government employees [Immigration Rules Part 5 - paragraphs 167-168].
• Ministers of religion, missionaries or members of religious orders [Immigration Rules Part 5 – paragraph 169, 175-177, 176-SD]
• Airport based operational ground staff of an overseas-owned airline [Immigration Rules Part 5 - paragraph 184, 184-SD, 185]
• Commonwealth citizens with UK ancestry [Immigration Rules Part 5 - paragraph 186-193]
• Tier 1 (General) Migrants [Immigration Rules Part 6A - paragraph 245CD].
• Tier 1 (Exceptional Talent) Migrants [Immigration Rules Part 6A - paragraph 245BF]
• Tier 1 (Entrepreneur) Migrants [ Immigration Rules Part 6A - paragraph 245DF]
• Tier 1 (Investor) Migrants [ Immigration Rules Part 6A - paragraph 245EF]
• Tier 2 Migrants [Immigration Rules Part 6A - paragraph 245GF, 245HF]
• Retired persons of independent means [Immigration Rules Part 7 - paragraph 269]
• Spouses and civil partners of certain persons who are settled or applying for settlement at the same time [Immigration Rules Part 5 - paragraph 196D, Immigration Rules Part 7 -  paragraph 273D, 276R, Immigration Rules Part 8 - paragraph 287(b), 295M].
• Unmarried or same-sex partners of settled persons, after two years [Immigration Rules Part 8- paragraph 295G].
• Children [Immigration Rules Part 8 - paragraph 296-309].
• Adopted children [Immigration Rules Part 8 - paragraph 309-A to 316F].
• Parents, grandparents or other dependent relatives of persons who are settled or applying for settlement at the same time [Immigration Rules Part 8- paragraph 317-319]
• Persons granted asylum or humanitarian protection [ Immigration Rules Part 11 - paragraphs 326A to 352H]

EU Nationals

Following Brexit, the government set out its position on the status of nationals of the European Economic Area (the EU plus Norway, Iceland and Liechtenstein) and Switzerland. The rights and status of those nationals will remain the same until 30 June 2021. From 30^th March 2019, the EU Settlement Scheme allows successful applicants to continue living and working in the UK after 30^th June 2021. Successful applicants will either be given settled status(if they have lived in the UK for five years or pre-settled status which allows you to stay in the UK for 5 years. After 5 years you can apply for settled status. The rights and status of EEA nationals in the UK is currently unchanged.

If you are a citizen of the United Kingdom, Switzerland or one of the following European Economic Area (EEA) countries, you have the right to work in the UK:

Austria	Germany	Malta
Belgium	Greece	Netherlands
Bulgaria	Hungary	Norway
Croatia	Iceland	Poland
Cyprus	Ireland	Portugal
Czech Republic	Italy	Romania
Denmark	Latvia	Slovakia
Estonia	Liechtenstein	Slovenia
Finland	Lithuania	Spain
France	Luxembourg	Sweden

 

You will need to provide documents from the following list to prove that you have a right to work:

1. A passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.
2. A passport or national identity card showing the holder, or a person named in the passport as the child of the holder, is a national of a European Economic Area country or Switzerland.
3. A Registration Certificate or Document Certifying Permanent Residence issued by the Home Office to a national of a European Economic Area country or Switzerland.
4. A Permanent Residence Card issued by the Home Office to the family member of a national of a European Economic Area country or Switzerland.
5. A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder indicating that the person named is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK.
6. A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.
7. A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK, together with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer.
8. A full birth or adoption certificate issued in the UK which includes the name(s) of at least one of the holder's parents or adoptive parents, together with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer.
9. A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer.
10. A certificate of registration or naturalisation as a British citizen, together with an official document giving the person's permanent National Insurance number and their name issued by a Government agency or a previous employer.

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