With less than two weeks until the right to work checks change for EU residence whom are continuing to live and work in the UK, the employer’s right to work guidance has now been updated.
From 1 July 2021, EEA citizens and their family members require immigration status in the UK. They can no longer rely on an EEA passport or national identity card, which only confirms their nationality, to prove their right to work. They will be required to provide evidence of lawful immigration status in the UK, in the same way as other foreign nationals.
Irish citizens continue to have unrestricted access to work in the UK. From 1 July 2021, they can prove their right to work using their Irish passport or Irish passport card, or their Irish birth or adoption certificate together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer. Irish citizens can also apply for a frontier worker permit, this permit can be issued digitally or as a physical permit, so they may choose to prove their right to work using the Home Office online right to work service or present their physical permit if they have one.
From 1 July 2021, the majority of EEA citizens will prove their right to work using the Home Office online right to work service. Those who have made a successful application to the EUSS will have been granted their immigration status digitally and can only prove their right to work using Home Office online service ‘prove your right to work to an employer’ available on GOV.UK
To prove their right to work from 1 July 2021, individuals will provide you with a share code and their date of birth, which will enable you to check their Home Office immigration status via the online service.
If an EEA citizen has been granted ‘Settled Status’ by the Home Office, they will have a continuous right to work, in the same way as someone with Indefinite Leave to Enter / Remain status.
If an EEA citizen has been granted ‘Pre-Settled Status’ by the Home Office, they will have a time-limited right to work and you must carry out a follow-up check. The Home Office online service will advise when a follow-up check must be carried out.
EEA citizens with Indefinite Leave to Enter or Remain (ILE/R) are not required to make an application to the EU Settlement Scheme but can do so if they wish. From 1 July 2021, EEA citizens can prove their right to work in the same way as other foreign nationals who do not have an immigration status that can be shared digitally.
You can carry out a manual check of their Home Office documentation such as an endorsement / vignette in a current passport stating, ‘indefinite leave to enter or remain’ or ‘no time limit’. Some may have a current Biometric Residence Permit (BRP) and this can be checked manually. Alternatively, they may choose to use their BRP to access the online right to work service.
There is no better time to check your current payroll provider’s procedures for right to work checks to prevent illegal workers and risk fines of up to £20,000 per worker plus published information regarding employing illegal workers will be available online.
For help and advice contact us on 01252 863700.
Source: Gov.uk