Definition of Settled Worker

Understanding the term “settled worker” is vital for employers and employees, particularly in the context of UK immigration and employment laws. This page provides the definition of settled worker, as found in the Home Office guidance.

Definition of ‘settled worker’ in Home Office Guidance

Under S1.2 A of Workers and Temporary Workers: guidance for sponsors part 2: sponsor a worker – general information, a ‘settled worker’ is any one of the following:

• a British citizen;
• an Irish citizen (with limited exceptions – see ‘Employing Irish citizens’);
• a person who has been granted limited leave to enter or remain (‘pre-settled status’) or indefinite leave to enter or remain (‘settled status’) under Appendix EU to the Immigration Rules (also known as the EU Settlement Scheme (EUSS));
• a person who has made a valid application under the EUSS and is awaiting a decision on that application;
• an EU, an EEA or a Swiss national who started working for you on or before 30 June 2021, if you carried out the relevant right to work checks in force at that time;
• a British overseas territories citizen, except for those from sovereign base areas in Cyprus;
• a Commonwealth citizen who can prove they have the right of abode in the UK – ‘Commonwealth citizen’ means:
  • a British Overseas Territories citizen;
  • a British National (Overseas);
  • a British Overseas citizen;
  • a British subject; or
  • a citizen of a country listed in Schedule 3 to the British Nationality Act 1981.
• a Commonwealth citizen (as defined above) who has been granted permission on the UK Ancestry route on the basis they have a grandparent born in the UK or Islands;
• anyone who has indefinite leave to enter or remain (settlement) in the UK.

If an employee does not fall under any of the categories described above as a “settled worker,” they are considered a “non-settled worker.”

In some cases, a settled worker must have leave to remain. This means they must hold valid immigration permission to work in the UK, and their employment may be subject to specific conditions or restrictions.