Share Codes to Check EU Settlement Scheme Status

EEA nationals were given 6 months after the end of the transition period (1 January 2021 until 30 June 2021) to apply through the EU Settlement Scheme (‘EUSS’) if they intended to continue living in the UK.

During this time, employers continued to accept a European passport on behalf of EEA nationals as evidence of their right to work (‘RTW’).

How do employees obtain a share code to prove pre-settled or settled status?

As of 1 July 2021, any EEA national commencing employment in the UK must demonstrate that they have the RTW in the same way that a non-EEA national would be required to do.

In order to do this, EEA nationals who hold pre-settled or settled status under the EUSS will have to obtain a so-called share code to prove their immigration status to others – to their employers, for example.

As an EEA national, you will need to log into an online portal with:

• the details of the identity document you used when you initially applied under the EUSS (i.e. your passport, national identity card, or biometric residence card or permit)
• your date of birth
• access to the mobile number or email address you used when you applied.

You will then be sent a code to your phone or email in order to proceed with the online form.

What are the legal risks for failing to conduct a check?

As an employer, you have a legal responsibility to prevent illegal working and to ensure all of your employees – regardless of nationality – are legally allowed to do the work they are being hired for, by conducting the RTW check before the individual commences work.

Failing to conduct a check in the proper manner will expose you to legal risks, in particular, losing your statutory defence against a civil penalty of up to £20,000 (per employee, in the event that you are found to be employing anyone without the RTW). You may also have your sponsor licence downgraded or suspended, and you are likely to be publicly named on official government websites, which can have a detrimental effect on your reputation. Depending on the circumstances, employing an illegal worker can also lead to criminal sanctions.

Are retrospective checks needed for existing employees?

A retrospective check is not required to be undertaken on an EEA national who started their employment with you up to and including 30 June 2021.

As an employer, you will maintain a continuous statutory excuse against liability for a civil penalty if the checks you conducted previously were in line with the guidance that applied at the time you made the initial RTW check.

It is important to note, however, that you do need to ensure you have systems and processes in place to monitor when those employees who do require further checks in the future need to provide new evidence to you of their continued right to work in the UK.

How Gherson can assist

Gherson’s corporate immigration team has extensive experience in advising on Right–to- Work checks and other employer compliance matters. If you have any queries relating to the blogs published or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss, which may arise from accessing, or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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