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?

More on this topic

Employment law

Maternity, paternity, shared parental and adoption leave and pay

Explore our collection of resources around parental rights, including commonly-asked questions and relevant case law, and download infographics on what you need to know about maternity leave and pay

For Members
Employment law

Tracking UK law changes under the ERB

Keep up to date with what will change under the Employment Rights Bill, the Equality (Race and Disability) Bill and the plan to Make Work Pay

For Members
Thought leadership

UK employment law September 2025: Soon to be Employment Rights Act

This month: The soon to be Employment Rights Act, dismissal following personal use of a work computer and the Lidl GB and EHRC agreement

Data

Data hub

Explore the evidence behind workforce trends

More reports

a mix of men and women at a construction site, wearing hard hats and high vis, gather round a woman talking and pointing to a clipboard
Report

Analysis of the public sector workforce

Research in this report suggests that improving leadership and people management can help raise the motivation and productivity of the public sector workforce

Report

Health and wellbeing at work

The CIPD’s biennial report exploring health, wellbeing and absence management provides invaluable trend analysis and practice insight to help employers and people professionals develop and maintain supportive, productive workplaces

Report

Labour Market Outlook

Read our latest Labour Market Outlook report for analysis on employers’ recruitment, redundancy and pay intentions

Report

Lifelong learning in the reskilling era: From luxury to necessity

Population ageing, generative AI and the green transition are reshaping job markets and skills needs, creating risks and opportunities that require policy action to support lifelong learning and career development

See all reports