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Book a call ↗The right to work is a person's legal permission to work in a particular country. Citizens have it at home; for everyone else it depends on immigration status, a permit or a visa. Employers in many countries must check it before someone starts.
For remote hiring the key point is where the person works. A US company hiring someone who lives and works in Portugal needs that person to have the right to work, or to run a business, in Portugal, not in the US.
The rules in the EU, the UK and the US
| Where the person works | Who has the right to work | What the employer must do |
|---|---|---|
| An EU country | EU citizens, without a permit; non-EU nationals with national permission or an EU Blue Card | Follow the host country's rules (Your Europe) |
| The United Kingdom | British and Irish citizens, and others with permission | Check before employment (gov.uk) |
| The United States | Citizens and authorized workers | Form I-9 for people hired to work in the US (USCIS) |
Key rules in more detail
- EU free movement. Article 45 TFEU guarantees free movement of workers and bans discrimination by nationality in hiring and pay. Self-employed EU citizens never need a work permit in another EU country (Your Europe).
- EU Blue Card. Under Directive (EU) 2021/1883, which countries had to apply by 18 November 2023, highly qualified non-EU workers need a job offer of at least six months and a salary between 1 and 1.6 times the national average; it applies in 25 member states (European Commission).
- UK checks. Employers who skip the correct checks face a civil penalty of up to £60,000 per illegal worker, and knowingly employing one can bring up to five years in prison (gov.uk).
- US Form I-9. USCIS excludes independent contractors and people not physically working on US soil (USCIS).
Some countries offer remote-work visas for non-EU nationals working for foreign clients, such as Estonia's digital nomad visa and Spain's international teleworker permit. Conditions such as income thresholds change, so check the official page.
What it means when you hire in Europe
Ask every candidate where they will work from and on what status. EU citizens working in the EU are the simplest case. A non-EU national living in Europe needs a permit or visa that covers the work. An Employer of Record handles checks for employees; for an independent contractor, write the obligation into the contractor agreement. UK specifics are in the UK hiring guide.
This is general information, not legal or tax advice. Rules differ by country and change, so confirm your case with a local lawyer or accountant.
Euro Remote Talent runs searches across Europe for a flat $6,500, with a shortlist of three vetted candidates in 21 days and a 12-month replacement guarantee, through Hiring Done For You. If you would rather run the search yourself, a job post is $299, live for 60 days, and the fee is credited in full if you later move to the done-for-you service.
