Notable updates to the right to work checks for EEA nationals - | Hudson McKenzie

Notable updates to the right to work checks for EEA nationals

The UK government has issued new guidance on the right to work checks which came into force on 1st July 2021 for EEA citizens proving their right to work in the UK.

Updates have been made to the acceptable documents allowed to be used to prove right to work, including passports, a current document issued by the Home Office to a family member of an EEA or Swiss national, a current biometric residence permit, a certificate of registration or naturalisation as a British citizen, to name a few. The full list is outlined in the guidance.

For those EEA citizens who have made applications to the Home Office under the EU Settlement Scheme before 30 June 2021 and are awaiting a decision, a letter or email notification confirming the pending application must be provided to an employer. Employers should request a right to work check from the Employer Checking Service. A copy of the confirmation from the Employer Checking Service must be kept by employers in order to satisfy the checks. 

For those EEA citizens who have not made applications to the Home Office under the EU Settlement Scheme before 30 June 2021 and do not have any other legal immigration status in the UK, they will not be able to pass the right to work checks. 

Where employers have employees who were employed before 30 June 2021 and it is identified that they have not applied for the EU Settlement Scheme, they must be advised to make an application within 28 days. Employers must receive confirmation of this application. 

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 londoninfo@hudsonmckenzie.com or by telephone +44(0) 20 3318 5794.

The information provided does not amount to legal advice.