How to conduct a right to work check on an EEA national?
A right to work check should be conducted before an individual starts working with you. This is because you need to be satisfied that the individual has a legal right to work in the UK.
On 1st January 2021 new rules came into force for EU nationals residing and working in the UK. EU, EEA or Swiss citizens who had been living in the UK before 31st December 2020, could apply to the EU Settlement Scheme (EUSS) to allow them to continue living and working in the UK. As of 1st July 2021, new rules apply to EU, EEA and Swiss nationals when proving their right to work in the UK. Nationals will no longer be able to use their passport or national ID to satisfy the right to work checks.
For manual right to work checks, you must request physical versions of documents from the prospective employee. You must check that the documents are genuine and that the individual is who they say they are. You should also check the expiry dates of any documents and whether the person has any restrictions to work in the UK.
A copy of the physical documents should be made which employers must keep and the date in which documents were checked must be noted down. All copies of documents should be kept for the duration of the employment and for 2 years after the person leaves employment. Documents should be checked in the presence of the holder (employee).
Documents can include passport, BRP, proof of British citizenship, a current immigration status document proving residency.
The government guidance outlines which documents are acceptable for satisfying the right to work checks.
Online right to work check
An online right to work check can be made through the Home Office online service on Gov.UK.
Follow up checks
For those individuals who have time-limited permission to live in the UK, follow up right to work checks should be made to ensure that employees do not overstay in the UK.
Should you have any queries regarding the above information or if you require assistance with your corporate, employment or immigration matter, please get in touch with a legal professional at Hudson McKenzie via email at firstname.lastname@example.org or by telephone +44(0) 20 3318 5794.
The information provided does not amount to legal advice.