The 50:50 Rule
The requirement that at least 50% of an employer's workforce are EEA nationals at the time of an employment permit application.
This rule catches small hospitality businesses more than anyone: a café with three staff, two of them non-EEA, will fail the test. The 2024 Act softened it for start-ups — a company with no employees can now get its first permit without meeting the ratio, with the rule only triggering on the second application. Plan your hiring sequence around it: recruiting locally alongside permit applications keeps the ratio healthy and future applications viable.
Frequently Asked Questions
The main relaxation is the start-up provision for a first permit. Beyond that, the ratio is a standing requirement, and in contract-for-services situations the 2024 Act allows the criterion to be satisfied by the contractor or subcontractor rather than the end client. If your workforce composition is borderline, take advice before applying — a refusal costs time and the application fee.
Count your whole workforce at the time of application: at least half must be EEA (or UK/Swiss) nationals for the permit to be granted. A five-person kitchen with two existing non-EEA staff passes; a four-person team with two does so only just — and adding another permit holder would tip it. Sequence local hiring alongside permit applications to keep the ratio workable.
Not for your first permit. The 2024 Act revised the rule so a start-up with no employees at the time of application can obtain its first employment permit without meeting the 50% EEA workforce requirement. The rule kicks in when you make a second permit application, by which point you are expected to have built some EEA headcount.