BREXIT: New regulations for Right to Work checks for EU Nationals

BREXIT: New regulations for Right to Work checks for EU Nationals

Following a whirlwind 15 months, it’s hard to believe we are coming to the end of the 6 month grace period following Brexit on 30th June 2021.

But what exactly does this mean for businesses when it comes to EU Nationals?

Well, one change coming into play on 1st July that will directly affect all companies is the Right to Work check for EU Nationals.

From this date companies must collect a copy of the individuals EU Passport (as current regulations state) along with a copy of their EU Settlement Status (EUSS) confirmation. This can be obtained in the same way you confirm someone’s Biometric Residence Permit (BRP), by asking the employee or prospective employee to obtain a share code by following this link. They will then be able to forward their share code so you can carry out the check here.

There is no requirement for employers to retrospectively check an EU national has applied and received EUSS. The Right to Work checks you currently carry out will be perfectly valid up until 30th June 2021.

Here is a little more info about the EUSS for anyone who isn’t aware:

If you are an EU, EEA or Swiss citizen, you and your family can protect your rights by applying to the EU Settlement Scheme to stay in the UK.

You do not need to apply if you are a British or Irish citizen, or you have indefinite leave to remain or enter.

The EU Settlement Scheme allows you and your family to get the immigration status you need to:

  • continue to live, work and study in the UK
  • access public services like the NHS

The deadline to apply is 30 June 2021.

How to apply

You need to complete a short online application form using a computer, tablet or mobile phone. The application will ask you to:

  • prove your identity
  • prove that you live in the UK
  • declare any criminal convictions

Successful applicants will receive settled status or pre-settled status, depending on how long they have lived in the UK. You will then receive digital proof of your status through an online service.

To check if you need to apply and for more information, please click here. 

If you would like any more information, support is available via the EU Settlement Resolution Centre on 0300 123 7379 or get in touch if you have any questions.