As from 1st July 2021, all EEA citizens are required to prove their right to work in the UK. Those who have successfully applied under the EU Settlement Scheme will have been granted either settled or pre-settled status through the Home Office online right to work service. To prove this, most potential employees will provide you with a share code and their date of birth, enabling you to check their immigration status via this service. For those granted settled status, which confers indefinite leave to remain, there is no requirement for any further checks. However, pre-settled status is time limited, and employers must carry out a follow-up check: the online service will advise when this must be carried out.
There may be some EEA citizens who do not have status under the Settlement Scheme and so will need to evidence their right to work using specific documents listed in the Employers Guide which can be found in the Employer’s Guide at Right to work checks: an employer’s guide – GOV.UK (www.gov.uk). Where a potential employee does not have status under the Settlement Scheme, a verified pending application or any other visa which confers the right to live and work in the UK, they will not have the right to work and will therefore need to obtain immigration status under the points-based system in the same way as any other foreign national.
For any EEA citizens who entered into employment on or before 30 June 2021, there is no requirement for a retrospective right to work check to be undertaken and you will maintain a continuous ‘statutory excuse’ against a penalty if the initial checks were undertaken in line with right to work checking guidance.
Some things to consider:
- Are you conducting right to work checks on all potential employees, irrespective of nationality?
- Are you conducting the checks yourself, or through a delegated member of staff? Unless the check is performed by the employer, you will not establish a statutory excuse.
- Are you viewing the original right to work documentation, signing and dating copies and retaining these for two years’ after the employment has ended?
Trivium does not offer immigration advice but we would be pleased to assist you with any issues around the administration of right to work checks – contact email@example.com