Non-EEA nationals—permission to enter and work in the UK [Archived]

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Non-EEA nationals—permission to enter and work in the UK [Archived]
  • Permission to enter the UK
  • Permission to work in the UK
  • Visitors
  • Overseas business representatives, domestic workers, Commonwealth citizens
  • Temporary workers
  • Derivative rights of residence

Non-EEA nationals—permission to enter and work in the UK [Archived]

FORTHCOMING CHANGE: On 19 February 2020 the Home Office issued a ‘policy statement’, which sets out its main plans on the post-Brexit immigration system. The policy outlines the key features which will apply to both EU and non-EU citizens from 1 January 2021 (other than those EU citizens and family members who were resident in the UK before that date and therefore will fall within the EU Settlement Scheme). For more information, see Practice Notes: Brexit materials—background to the post-Brexit immigration system and The post-Brexit immigration system: what will it look like?.

Permission to enter the UK

Although nationals of countries in the European Economic Area have a right to live and work in the UK (the right of residence), it is generally the case that nationals of countries outside the EEA do not. Those from outside the EEA generally require permission to enter the UK.

There are exceptions:

  1. Swiss nationals (see EEA nationals—rights [Archived])

  2. Commonwealth citizens with a right of abode

All other non-EEA nationals will therefore require permission to enter the UK, otherwise known as entry clearance, ie a visa or entry certificate. Applications should generally be made in the person's country of permanent residence at the nearest British diplomatic post. Most applicants need to produce fingerprints and a photograph as part

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