Migrant Workers
Employment law & immigrant employees
As a legal migrant worker, you are entitled to the same employment rights as a UK citizen. The laws in place are set out to ensure that all employers treat employees fairly, without exploitation or prejudice. When starting a new role you have basic rights that will develop further through continuous employment.
Every worker is entitled at the very least to their statutory rights. Any additional rights are dependent on the employment terms and conditions laid out within your contract of employment.
For information on these rights, see the sections below:
If you are a European worker and want to come to the UK to work, your new employer will need to know if it is legal for you to do so. Find out if you will have to register and what proof you will need to show an employer.
Nearly all European Economic Area (EEA) and Swiss nationals are free to enter and live in the United Kingdom without the need to apply for permission.
The following is a list of all countries included as part of the EEA: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.
European Union member states
An employee may need to register or ask permission if from a new European Union (EU) member state (called 'accession states').
Accession states - the A8 countries
Countries that joined the EU in 2004 are referred to as 'A8 countries', including:
- Czech Republic
- Estonia
- Hungary
- Latvia
- Lithuania
- Poland
- Slovakia
- Slovenia
An employee or migrant from one of these states may have to advise the Worker Registration Scheme (WRS). You must register with the UK Border Agency for permission to work in the UK, and agency or temporary workers must register within a month of their start date.
Accession states - the A2 countries
Countries that joined the EU in 2007 are described as 'A2 countries', including:
An employee or migrant from one of these states may be subject to worker authorisation requirement. A main requirement subject to A2 countries is authorisation from the UK Border Agency prior to accepting a position in the UK.
No authorisation is needed if workers are self-employed.
What proof an employer will need
Employers offering work to nationals from an EEA country will require from the employee:
- their passport
- their national identity card
- a Home Office registration certificate
A national from an A2 or A8 country will need express permission to work granted by the UK Border Agency, this comes in the form of a work document.
The employment of illegal workers can leave employers faced with unlimited fines, which is why many companies are very strict in their documentation procedures as due protection. This should never, however, be at the expense of any legal migrant workers, and is no justification for discrimination.
Visa Applications
A worker's right to work in the UK is dependant on an employee's nationality. If you are a British citizen, or from one of the European Economic Area (EEA) countries, there will be no need to apply for a visa.
To determine whether you are a citizen of an EEA country, take a look at the EEA section above.
In order to obtain a visa, a migrant must be cleared by officials at a British Overseas Mission in your national country. Upon receiving your clearance certificate, or visa, the details will be added to your passport or travel document.
Non-EEA and non-Swiss nationals
For applications required for non-EEA and non-Swiss nationals, a points-based system was introduced. The system was introduced in 2008, with tiers being added at separate intervals.
Points-based system
The points based system is made up of five tiers:
- Tier 1 - highly skilled workers
- Tier 2 - skilled workers with a job offer
- Tier 3 - low-skilled workers filling specific temporary labour shortages
- Tier 4 - students
- Tier 5 - temporary workers and youth mobility
Tier 1
Introduced on 30 June 2008, to migrate to the UK or for visa extension an applicant must be a:
- investor
- highly skilled worker
- post-study worker
- entrepreneur
These rules apply also for those within the UK under the Highly Skilled Migrant Programme, replaced by the introduction of Tier 1.
Tier 2
Introduced on 27 November 2008, as a skilled worker with a job offer, i.e. nurse or teacher, you would qualify for Tier 2 as long as you have the following:
- a Certificate of Sponsorship (provided by an organisation who has a UK Border Agency sponsorship license)
- evidence supporting the other criteria met in your application
Tier 3
The route for low-skilled workers known as Tier 3 is currently suspended.
Tier 4
Introduced on 31 March 2009, student admission is divided into two groups:
- adult student
- child student
The study must be provided by an approved education provider, holding a UK Border Agency Tier 4 sponsorship license.
Tier 5
Introduced on 27 November 2008, and set out for youth mobility or temporary worker employment, you must have:
- a Certificate of Sponsorship provided by an organisation who has a UK Border Agency sponsorship licence
- evidence supporting the other criteria met in your application
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