Right to Work Statuses

Modified on Fri, 28 Jul, 2023 at 1:16 PM

 

Here you will find more detailed explanations on what the different right to work statuses mean. 

 

British or Irish citizenship

British Citizenship means a person can work and live in the UK free of any immigration controls. 

People born in Northern Ireland can choose to identify as Irish, British, or Both. They have the right to hold both an Irish and a British Citizenship. 

 

British Overseas Citizen

This is a status given to those who had a connection with the UK via its governance of Hong Kong, but lost this connection on 30th of June 1997 when sovereignty returned to China. Those born on or after 1st of July 1997, and whose parent(s) where a British National (overseas) or a British Overseas Citizen, are also granted a British Overseas Citizenship. Children under 18 are also able to be registered as a British Overseas Citizen under special circumstances. 

If a person holds this status then they are able to live in the UK, but will still be required to obtain a right to work.

 

Pre-settled status from the EU settlement Scheme, or you have applied and are waiting for a decision

This is a status which can be given to those from the EU, Switzerland, Norway, Iceland, or Liechtenstein. 

When a person is waiting for a decision they will be given a certificate of application which will inform them on what they can and cannot do in the UK.

If a person is given a pre-settled status then they can apply for a settled status if they have worked and lived in the UK for 5 years in a row. If they are given settled status then they can go on to apply for a British citizenship.

If a person holds this status then they can work or study in the UK, access benefits and services in the UK, rent a property in the UK. 

 

Ukraine Scheme's

Ukraine Family Scheme: This allows applicants to join family members or extend their stay in the UK.

Ukraine Sponsorship Scheme: This allows Ukrainian nationals and their family members to come to the UK if they have a named sponsor under the Homes for Ukraine Scheme.

Ukraine Extension Scheme: This allows Ukrainian nationals and their immediate family members to apply for permission to stay in the UK if they were in the UK with immigration permission on 18 March 2022, or if their last permission ended after 1 January 2022.

Anyone with one of the above mentioned visas are able to live, work, and access healthcare, benefits, employment support, and education. 

 

Family permit from the EU settlement scheme 

This is a status that can be given to a person if they are the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein. This status on some occasions can be given to those with a family member who is a British Citizen.

You can also apply for this status before you apply for the EU Settlement Scheme. 

Family permits tend to last for between 4 and 6 months but a person can live and work in the UK during this time. 

 

Indefinite leave to enter or remain in the UK (also called settlement)

This status gives a person the right to work, live, and study in the UK for as long as they like. This status can also be used to apply for a British Citizenship. 

A person can apply for this status if they meet one of the following requirements:

  • They are, or a family member is an EU, EEA, or Swiss citizen
  • They work in the UK
  • They have family in the UK
  • They have lived in the UK for 10 years
  • They are a commonwealth citizen
  • They have service in the armed forces
  • They are returning to the UK after previously having had indefinite leave to remain
  • They are a refugee or have humanitarian protection or Discretionary Leave

 

Right of abode in the UK

This status gives a person the right to live or work in the UK without any immigration restrictions. All British Citizens automatically have the right of abode. Some commonwealth citizens may also have the right of abode.

 

Limited leave to enter or remain

This is the outcome of a successful application for entry clearance. This can be granted for a limited or for an indefinite period.

Leave to enter is granted to a person who is outside of the UK. Leave to remain is granted to a person who is currently in the UK. 

 

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