What obligations do I have as an employer if my EU citizen employees do not hold EUSS status after 1 July 2021?

As a UK employer, you are required to conduct appropriate checks on every UK-based employee to verify that they have the requisite permission to perform their work duties.

The rules on conducting Right to Work checks on EU, EEA and Swiss workers changed on 1 July 2021. If you have employed EU, EEA, and Swiss employees after that date, they must now show that they hold valid status under the EU Settlement Scheme (“EUSS”) or a valid alternative visa that permits them to work in the UK, such as a Skilled Worker visa or spouse visa.

The EUSS was created to allow EU, EEA and Swiss nationals resident in the UK by 31 December 2020 to continue to live, work and study in the UK. The deadline for applications was 30 June 2021, although late applications can be submitted in certain circumstances.

It is possible to continue to employ an individual with a pending EUSS application provided that:

• They were employed by your organisation prior to 30 June 2021;
• The employee shares their Certificate of Application with you, to enable you to use the Employer Checking Service (“ECS”); and
• You receive a positive verification notice as a result of the ECS check.

If the above conditions are not satisfied, or your employee’s EUSS application is subsequently refused, Right to Work guidance requires you to terminate the employment, unless and until the employee obtains a suitable alternative visa.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, Instagram, 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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