How will Brexit affect right to work checks for EEA nationals?
Employers have a responsibility to carry out right to work checks on employees to ensure that they have immigration permission to work in the UK to prevent illegal working. With Brexit and the end of free movement of persons, what should employers do now?
Right to work checks post Brexit
The majority of EU nationals who want to work in the UK and have come after 31st December 2020 will require a skilled worker visa, unless they apply through a different route. Those EEA nationals who came to the UK before this date have until 30th June 2021 to apply to settled or pre-settled status, giving them the right to work in the UK, if successful.
Between 1st January 2021 and 30th June 2021, EEA employees can use their passport or national identity card to show their right to work in the UK. In addition, EEA nationals can show Registration Certificates or Documents Certifying Permanent Residence.
From 1st July 2021 onwards, EEA nationals must provide proof that they are legally residing in the UK. They will need to show settled status, pre-settled status or another visa status. Checks will be made on their immigration status rather than their nationality.
Employers should keep a record of all documentation that has been checked in order to satisfy the right to work checks.
The UK government will publish further guidance from 1st July 2021 in relation to the right to work checks of EEA nationals after 30th June 2021. Employers must note that there will likely be changes in the way that right to work checks are made.
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.