As such, new guidance on Right to Work has been released. A summary of the latest developments and potential actions employers will now have to take is outlined below.
What was the position prior to 30 June 2021?
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 if they intended to continue living in the UK. This was known as the post Brexit grace period.
During this time, employers were able to continue to accept a European passport on behalf of EEA nationals as evidence of their Right to Work.
What has changed as of 1 July 2021?
As of 1 July 2021, any EEA National commencing employment in the UK must demonstrate that they have the right to work in the same way that a non-EEA National would be required to do so.
Are retrospective checks required on EEA nationals who commenced employment from 1 January 2021 to 30 June 2021?
Provided right to work checks have been carried out correctly on existing EEA National employees, retrospective checks are not required; however, EEA nationals may lose their right to work in the UK if they can not evidence that they were in the UK prior to 31 December 2020, or have status under the EU Settlement Scheme.
How can a Right to Work Check be carried out?
As of 1 July 2021, when recruiting EEA nationals, employers can check their status online.
Alternatively, if the individual is unable to provide evidence of their UK immigration status that can not be shared digitally, or said individual does not want an employer to use the online system, a manual right to work check can be carried out.
What should an employer do if an EEA national commences employment on or after 1 July and applied to the EU Settlement Scheme prior to 30 June 2021 and is currently awaiting a decision?
EEA nationals who have applied to the EEA Settlement Scheme, and are awaiting a decision, will continue to have the Right to Work until their application is decided. The individual will receive a Certificate of Application (CoA) or an email confirming receipt of the application.
The CoA, if issued digitally, can be used by the online right to work service to obtain evidence of their right to work immediately, provided the individual provides a share code.
If a paper CoA is provided, the employer must use the Employer Checking Service to confirm they have a right to work (I believe this is the manual checking system previously referred to).
If you require any further information or assistance in relation to Right to Work checks, please do not hesitate to contact us.
The information in this blog is current at the date and time of posting. The situation regarding policy and guidance based on the COVID-19 pandemic is subject to change at short notice. We shall be monitoring all aspects of UK immigration which may be impacted by the coronavirus closely, so please do keep updated with further blogs and articles which we will be posting on Gherson, or alternatively, follow us on Twitter, LinkedIn, or Facebook 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 don’t 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.
©Gherson 2021