Recruitment of Scottish Government Civil Service positions located overseas: FOI release

Information requested

Information about the eligibility criteria for Scottish Government positions located in European Union countries. In particular, you sought clarification on whether it is established Scottish Government policy to require that applicants already hold the right to work in the EU before applying. You also requested information on the rationale and legal basis for this requirement, and whether such roles could be offered to UK passport holders with subsequent support in obtaining an EU visa.

Response

Scottish Government Civil Service positions located overseas within our International Network offices are designated as diplomatic postings. These posts are open only to UK nationals, in line with Civil Service nationality rules. Dual nationality is not an automatic bar to appointment, except where the second nationality is that of the host country.

Separately, a limited number of roles known as Country Based Staff (CBS) posts also exist within the International Network. These are not Civil Service roles and are employed via the Foreign, Commonwealth and Development Office (FCDO) on local terms and conditions. As such, they are subject to the host country's employment legislation. In many cases, this includes a legal requirement that applicants must already have the right to work in that country at the point of application. This is not a Scottish Government policy decision, but rather a compliance matter governed by local labour laws.

Where such legal provisions are in place, visa sponsorship for UK passport holders is not typically available or administratively viable for these CBS roles. Therefore, recruitment documentation may reflect these legal requirements in order to ensure lawful employment practices.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.