Can A Member Of An Eu Family Work In The Uk?

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Following the UK’s withdrawal from the European Union on 31 December 2020, freedom of movement ended. However, EU family members must have been living in the UK by 31 December 2020. The EU Settlement Scheme family permit is for family members of a person from the EU, Switzerland, Norway, Iceland, or other countries. Since 1 January 2021, EU citizens moving to the UK are not covered by the agreement, unless they are a family member of someone who is EU-based.

To apply for an EU Settlement Scheme family permit, you must be outside the UK and apply using the government’s “EU” scheme. Most EU nationals who want to live and work in the UK for more than six months must apply for an appropriate work visa, usually a Skilled Worker visa. Other visa options include the Intra visa.

In the UK, EU citizens can still live and work in the UK post-Brexit, but they need to apply under an authorized visa scheme. British citizens can no longer use the border control lanes for EU citizens, although there are exemptions for family members of EU and EFTA country citizens. However, if you or your family members are EU/EEA citizens, you may still be able to apply if you or a family member were living in the UK by 31 December 2020 under certain circumstances.

An EU Settlement Scheme family permit allows you to travel with your family member to the UK or join them there for up to six months, work and study, and come and go as many times as you want before the permit expires. If you are an EU, EEA, or Swiss citizen living in the UK, some of your family can also apply to come and live in the UK. They can apply for pre-settled or online applications.

There is no deadline for applications, and you and your family need to apply to the EU Settlement Scheme to continue living, work, and study in the UK after 30 June 2021. A successful application for an EU Family Permit can be made by a family member of an EU national residing in the UK.

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📹 Can EU citizens or EU Family members come to the UK After BREXIT?


Are Dependents Allowed To Work In UK
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Are Dependents Allowed To Work In UK?

Eligibility for dependants to work in the UK varies based on the primary visa holder's status. Dependants can work if they are linked to a government-sponsored student on a full-time course of at least six months, or if they are a partner or child of a skilled worker with a Home Office-approved job. Dependant visa holders generally face minimal work restrictions; they do not need a sponsor to seek employment, change jobs, or switch employers. They have the flexibility to engage in any kind of work, including voluntary roles and self-employment.

Dependent visa holders can maintain financial independence, as there are no limits on the type or amount of employment they can pursue. It is important that dependants live with the principal visa holder if they are 16 or older. Each dependant must submit separate applications to reside and work in the UK, which needs to be approved based on the primary applicant's eligibility.

If conditions are met, dependants can switch to a work permit or visa in the UK. The overarching requirement is that the main applicant's visa must be valid for the dependants to live and work legally in the UK. Therefore, understanding these eligibility requirements is crucial for families planning relocation to the UK.

Can An EU Family Member Work In The UK
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Can An EU Family Member Work In The UK?

Since 1 January 2021, UK immigration rules apply to EU and EEA arrivals. EU or EEA citizens can visit the UK without a visa (except for marriage) but need a visa to work, study for over six months, or join family. EU, EEA, or Swiss citizens residing in the UK by 31 December 2020 can have close family members stay and work in the UK for up to 6 months. Following the end of free movement, the EU Settlement Scheme family permit facilitates easier travel or joining family members in the UK for up to 6 months, allowing work and study during that time.

EU family members must apply for pre-settled status within 3 months of arrival. Children born in the UK can also apply for status. The family member in the UK should ideally apply to the EU Settlement Scheme before the family member arrives. Those with pre-settled or settled status can live, work, and study in the UK without needing a visa. EU citizens moving to the UK post-Brexit are not covered by the agreement unless they are family members of an EEA national.

From 9 August 2023, guidance on EU Settlement Scheme applications is provided under Appendix EU to the Immigration Rules. Any EU citizen wishing to work in the UK must possess a valid work visa endorsed by a licensed British employer, while non-EU family members can join EU citizens without requiring a work permit. Family defines partners and dependents under the Home Office criteria.

Can EU Citizens Work In The UK After Brexit
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Can EU Citizens Work In The UK After Brexit?

Post-Brexit, citizens from EEA countries, including Norway, Liechtenstein, and Switzerland, face the same immigration rules as EU citizens in the UK. As of 31 December 2020, freedom of movement ended, and a points-based immigration system was introduced, requiring EU citizens to secure job offers and apply for skilled worker visas or relevant categories to work in the UK. Although EU citizens with pre-settled or settled status can live and work freely in the UK, those arriving from 1 January 2021 are not covered by the transition agreement unless they are family members of settled individuals. The EU Settlement Scheme must be applied to maintain residence rights beyond 30 June 2021.

Additionally, individuals working in the UK without living there may enter with a passport or national identity card; however, as of 1 July 2021, EU citizens require a Frontier Worker permit, excluding Irish citizens. The immigration changes mean that an EU passport or identity card alone no longer suffices as proof of the right to work in the UK. Compliant hiring practices are vital for employers, as the new immigration rules necessitate a visa for EU, EEA, or Swiss citizens wanting to stay in the UK for longer than six months. Despite Brexit-related changes, EU citizens can still work in the UK through authorized visa pathways.

Can EU Citizens Work In The UK
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Can EU Citizens Work In The UK?

Following the U. K.'s exit from the European Union, free movement for EU citizens ceased as of 31 December 2020. Now, EU citizens must obtain specific British work visas to work in the U. K. They are subject to the same immigration rules as other non-U. K. nationals. However, EU nationals possessing pre-settled or settled status can live, work, and study in the U. K. without restrictions. The U. K. has introduced a points-based immigration system applicable to everyone wishing to live, work, or study in the country.

While EU citizens may stay in the U. K. as visitors for up to six months, they require a valid work, study, or family visa afterward. Moreover, effective from 1 January 2021, new rules regulating the employment of EU nationals came into effect, affecting recruitment and onboarding processes for U. K. employers. A passport or national identity card is no longer sufficient proof of an EU citizen's right to work; an authorized visa is mandatory. Conversely, Irish citizens retained the privilege to use their passports for work confirmation in the U.

K. Ultimately, EU citizens must navigate the new visa system to secure entry and maintain their right to work in the U. K. Employers must also ensure they possess a visa sponsorship license to employ EU nationals post-Brexit.

Can I Live In The UK With An EU Passport
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Can I Live In The UK With An EU Passport?

To live in the UK, citizens from the EU, EEA, or Switzerland require permission. The EEA encompasses EU nations plus Norway, Iceland, and Liechtenstein. As Brexit has altered regulations, EU nationals need to apply for a visa if they aim to work, live, or study in the UK after 2020. Those with pre-settled or settled status may continue to reside without a visa. Before the transition period concluded on December 31, 2020, EU laws applied, allowing EU citizens to move to the UK freely. The EU Settlement Scheme (EUSS) facilitates permanent residency for EU nationals living in the UK before the end of 2020.

British citizens do not require a visa to visit EU countries for short periods, restricted to 90 days within any 180-day span. Likewise, EU citizens can visit the UK for up to six months without a visa. For extended stays, work, study, or family visas are necessary. Under the new rules post-Brexit, British citizens can still travel to the EU for brief visits, although visa requirements have changed.

EU citizens residing in the UK before December 31, 2020, are advised to have registered for the EUSS to obtain settled status after five years of continuous residency. The right to reside in the UK remains for British citizens, Irish nationals, EU, EEA, and Swiss citizens. Furthermore, while traveling to any EU country, EU citizens can utilize a valid passport or ID card, although family members who are non-EU may require a visa for entry.

Does A Family Visa Allow You To Work In The UK
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Does A Family Visa Allow You To Work In The UK?

A partner or spouse visa is highly beneficial as it enables holders to live and work in the UK without restrictions for two years and nine months, with the flexibility to exit and re-enter multiple times. Initially, you are granted a 90-day period to move to the UK, and applicants can also apply for a family permit for up to six months, allowing them to live, work, and study. After the permit's expiration, one may apply for the EU Settlement Scheme.

Family visa holders face fewer restrictions compared to those on other types of visas. This visa allows you to bring eligible family members to join you in the UK for extended stays. The family visitor visa is available for short-term visits but has stringent rules. For family visa applications related to work visa holders, the Tier 2 family member visa is applicable. Processing times for UK work visas vary based on your location. Following a wedding or civil ceremony, partners can apply for a partner visa, enabling them to work.

Overall, individuals holding a family visa can study, work, and access services like the NHS, while dependants may join if eligible. Ultimately, a spouse visa permits unrestricted work in the UK, paving the way for retrospective applications for settled status after five years.

Can EU Citizens Move To The UK
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Can EU Citizens Move To The UK?

Before January 2021, UK citizens residing in the EU and EU citizens in the UK could stay under the EU-UK Withdrawal Agreement. However, since 1 January 2021, EU citizens moving to the UK no longer benefit from this agreement, unless they are family members of someone who is. During the transition period, EU citizens could apply for the EU Settlement Scheme (EUSS) for permanent residency in the UK; this opportunity is limited to those who lived in the UK before 31 December 2020.

Post-transition, EU citizens must comply with new immigration rules to reside in the UK, applying for visas for work, study, or family purposes. Although EU citizens can still enter the UK visa-free for tourism for up to six months, they need to meet specific requirements for residence permits and work visas. Additionally, British citizens lost their automatic right to live and work in the EU after Brexit.

All EU, EEA, and Swiss citizens must check if they need a visa for longer stays or for living in the UK. While the free movement principle ended, those previously living in the UK by the cutoff date are protected under existing immigration laws.

Can EU Citizens Still Come And Work In The UK
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Can EU Citizens Still Come And Work In The UK?

Post-Brexit, EU citizens can still live and work in the UK, but they must apply under an authorized visa scheme. Following the UK's exit from the EU and the cessation of the transition period on 31 December 2020, freedom of movement ended, and a points-based immigration system was implemented. EU citizens wishing to work, live, or study in the UK must now obtain a visa, whereas those holding pre-settled or settled status can continue to reside in the UK without additional applications.

Irish citizens retain their ability to enter and live freely in the UK. UK citizens in the EU before January 1, 2021, may need to secure new residence status. The rights of EU, EEA, and Swiss citizens to work in the UK have changed; EU law on free movement ceased to apply from the same date. EU citizens now have to follow the same immigration rules as other non-UK residents.

If an EU citizen was residing in the UK prior to January 1, 2021, they can continue to do so. However, those needing to enter the UK post-Brexit for work must have a valid visa and a sponsoring employer. While EU citizens can visit the UK for up to six months without a visa, any longer stays require proper authorization. Ultimately, the new immigration framework stipulates that EU nationals must navigate specific pathways to fulfill residency and work purposes within the UK.

Who Is Considered A Family Member Of The EU Citizen
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Who Is Considered A Family Member Of The EU Citizen?

In the context of migration, a "family member" of an EU citizen includes individuals who are either married to or in a legally recognized partnership with the citizen, alongside dependent children and recognized dependants. Recognized EU citizen countries include Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, and others. The Court of Justice of the European Union (CJEU) defined categories of immediate family members: the spouse or registered partner, any dependent, unmarried children under 21, and parents or grandparents who are financially dependent on the EU citizen or their partner.

With the amendment on August 2, 2021, the Residence of Foreigners Act made a distinction between close and distant family members. Family members of EEA citizens and those who have exercised their right to free movement are also included. Directive 2004/38/EC outlines EU citizens' rights to provide residence to family, which extends to core family members regardless of nationality. Thus, an EU citizen living, working, or studying in another EU country can have their spouse, children, and grandparents join them, affirming the right of free movement and residence within the EU territory for families.

Can A Family Member Apply To The EU Settlement Scheme
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Can A Family Member Apply To The EU Settlement Scheme?

Family members can apply for the EU Settlement Scheme upon arriving in the UK, typically requiring an EU Settlement Scheme family permit unless they hold a valid visa (family, work, or student). The permit application must be submitted online from outside the UK, is free of charge, and necessitates supporting documents like a valid passport or national identity card. Dependent parents can apply as "joining family members" of relevant sponsors, provided their relationship existed prior to 31 December 2020 and remains valid at the time of application.

The EU Settlement Scheme family permit facilitates joining or traveling with family members in the UK for up to six months. Applicants can return to the UK to be with their family members, even if those family members haven’t applied to the Scheme yet. While Irish citizens can apply, they are not required to. Non-EEA family members may apply if their qualifying family member resided in the UK by 31 December 2020.

Applications for the EU Settlement Scheme must be submitted within three months of the first UK arrival post-31 December 2020. Note that since 1 January 2021, family members seeking to join an EU national must enter via the Scheme. The eligibility rules have tightened, with extended family members outside of durable partnerships no longer qualifying unless previously in the UK.

Can A Family Member Sponsor You To Live In The UK
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Can A Family Member Sponsor You To Live In The UK?

To live in the UK as an adult dependent relative, your sponsor must be settled or settling in the UK, have sufficient funds to support you for at least five years, and complete a sponsor form. Non-UK nationals seeking permanent residency can apply for a family visa, with a family member serving as your sponsor. An adult relative can join you only if they have long-term care needs and demonstrate the necessity for your support.

The process involves different visa types, and family members can be sponsored for stays longer than six months, including spouses, partners, parents, and children. Family visas have specific eligibility criteria, financial requirements, and language proof regulations. Partners of British nationals must show they have legal immigration status to apply for the EU Settlement Scheme, using documents like residence cards.

Those wishing to bring parents or in-laws can apply for the Adult Dependent Relative visa if they can prove both care needs and sponsorship capability. Apart from financial stability, sponsors must not rely on public funds for support. Although applying for family visas can be complex, it is essential for ensuring your family can live together in the UK legally and comfortably.


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Freya Gardon

Hi, I’m Freya Gardon, a Collaborative Family Lawyer with nearly a decade of experience at the Brisbane Family Law Centre. Over the years, I’ve embraced diverse roles—from lawyer and content writer to automation bot builder and legal product developer—all while maintaining a fresh and empathetic approach to family law. Currently in my final year of Psychology at the University of Wollongong, I’m excited to blend these skills to assist clients in innovative ways. I’m passionate about working with a team that thinks differently, and I bring that same creativity and sincerity to my blog about family law.

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