Can EU Citizens Work Remotely in the UK Post-Brexit?

The Brexit transition period has transformed the landscape for EU citizens seeking to work in the UK, including the nuances surrounding remote work. As of the latest updates in August 2023, there are several critical considerations for EU citizens planning to work remotely for a UK company from another country.

Visa Requirements

Following the Brexit transition, EU citizens no longer have the automatic right to live and work in the UK. This means that if an EU national wishes to work remotely for a UK company from their home country, they generally do not need a visa. However, if they plan to relocate to the UK, they must apply for a visa under the UK's points-based immigration system.

Tax Implications

Tax obligations may vary depending on the home country and the UK. Remote workers should be aware of their tax responsibilities, which could include obligations in both jurisdictions. It is highly advisable to consult a tax professional to navigate the complexities of cross-border tax laws and treaties.

Employment Rights

Employment rights can differ based on location and employment contract terms. EU citizens working remotely for a UK company should review their employment rights, which may be subject to the laws of their native country or the UK, depending on the particulars of their contracts.

Company Policies

Each company will have its own policies regarding remote work. Employees should consult with their employers to understand specific requirements or conditions for remote work. Businesses, especially multinational corporations, need to ensure compliance with both domestic and foreign labor laws.

Challenges and Legal Considerations

Despite the potential for remote work, certain challenges and legal considerations must be addressed. For example, labour tax laws and data protection regulations play a significant role in determining the viability of remote work.

EU nationals who do not have the right to reside and work in the UK are treated similarly to citizens from other countries. This means that unpaid remote work would not be legally recognized unless specific arrangements are made. Such arrangements can include setting up a local subsidiary or contracting a third-party entity within the UK. Even in such cases, the remote worker would still be technically employed within the UK and subject to UK tax laws.

If an EU citizen has the right to live and work in the UK and their employer has worked out a legal framework for remote work, this can involve a local subsidiary or a contracted third-party company paying the salary in the UK, ensuring compliance with UK tax laws. Any other arrangement would likely be legally questionable and potentially result in legal complications.

To ensure the most accurate and personalized information, it is strongly recommended to consult with legal or immigration experts. This is especially important as regulations can change frequently, and legal pitfalls exist even in the nuanced world of cross-border remote work.