Following Brexit, up until 30 June 2021 existing right to work check guidance remains in place, with employers continuing to solely check an EU citizen’s passport or national ID card in the same way as usual to confirm a job applicants right to work in the UK.
EU, EEA and Swiss citizens resident in the UK before 11pm on 31 December 2020 are eligible to apply under the EU Settlement Scheme before the 30 June 2021 deadline. A sponsor licence is needed to employ EU, EEA and Swiss Citizens who came to work in the UK from 1 January 2021.
There is no requirement to retrospectively check whether an individual has applied through the settlement scheme if they were employed prior to 1 July 2021.
What happens from 1 July 2021?
For those with a start date from 1 July 2021, you can continue to check those with a British passport through their passport (or their birth certificate and a document with their NI number on). You can also continue to check Irish citizens right to work from their passport or passport card. These documents must be copied, and you must sign and date the copy with the date the right to work check was carried out.
However, for all other EU, EEA and Swiss Citizens, you will no longer be able to use their passport or national identity card to prove their right to work in the UK.
You will need to check their right to work online using:
- A share code which they can obtain HERE
- Their date of birth
The online checking service can be found HERE You do not need to check any documents as well as using this service. This will provide you with confirmation of an individual’s right to work in the UK and this can be placed upon the employee’s record.
This check should be carried out before employment commences and will provide the company with a statutory excuse against potential illegal employment for the duration of employment. If a right to work check is not carried out and you are found to have employed an illegal worker, the employer can be subject to a civil penalty or in a worse-case scenario criminal prosecution.
Due to Covid-19 there are changes to right to work checks being carried out in person until 31 August 2021. Guidance be found HERE.