EU citizens are required to complete right to work checks to verify their eligibility for employment in the UK. They can provide valid documentation acquired through the EU Settlement Scheme, such as share codes for settled and pre-settled status.
Employers are obligated to conduct these checks before offering employment, verifying the originality of provided documents. For individuals with pre-settled status, periodic checks are necessary to confirm ongoing eligibility.
Keeping records of these checks is mandatory for employers during the employment period and for two years following. Comprehending these requirements is vital for avoiding substantial penalties.
Further information is available.
Right to Work Verification Process
To maintain compliance with UK employment laws, businesses need to perform right to work verification checks for individuals from the EU, EEA, and Switzerland. This is a requirement starting from July 1, 2021, with these individuals now having to show evidence of their immigration status since passports and national ID cards are no longer acceptable for this purpose.
Businesses should familiarize themselves with the guidelines and procedures outlined in the employers guide to right to work checks.
The main way to conduct right to work checks is through the Home Office Online Right to Work Checking Service. To use this service, employers need a share code and the individual's birth date.
These checks must be done before the person starts work to confirm they are legally permitted to work in the UK.
In addition, businesses must keep copies of the verification checks for the entire duration of the person's employment and two years after.
For EU citizens who have Pre-Settled Status, businesses need to carry out additional checks before their right to work expires, as per the guidelines from the Home Office.
While it's not the responsibility of employers to ensure employees apply to the EU Settlement Scheme, they must verify the immigration status of new hires to remain within the law.
EU Settlement Scheme Overview
The EU Settlement Scheme (EUSS) was devised to offer a route for about 3.6 million EU, EEA, and Swiss citizens who resided in the UK prior to December 31, 2020, to affirm their residency status in the aftermath of Brexit.
This scheme permitted individuals to apply for either Settled Status or Pre-Settled Status. The former confers indefinite residency and the privilege to live and work in the UK, while the latter grants a limited right to work, necessitating subsequent checks once this status expires.
Employers have a duty to carry out suitable right to work checks to adhere to the rules.
The last date to apply for the EUSS was June 30, 2021. Nevertheless, individuals who had credible reasons for not meeting this deadline have the chance to reapply within 28 days upon receiving a decision.
Applicants can acquire a share code online to show their right to work, which employers have the ability to confirm via the Home Office's online Right to Work Checking Service.
It's noteworthy that while employers don't have the obligation to confirm that employees have applied to the EUSS, they are required to check the immigration status of new hires to comply with right-to-work laws.
The purpose of this system is to provide clarity and security for EU citizens in the UK job market.
Recruiting Non-UK Workers
The process for recruiting non-UK workers has become more structured following the introduction of the new points-based immigration system. As of 1 July 2021, EU, EEA, and Swiss citizens are required to provide proof of their immigration status in the UK since EEA passports and national ID cards are no longer accepted for right to work checks.
To hire most non-UK workers, employers need to secure a sponsor licence. This involves evaluating candidates using certain criteria such as skills, salary, and English proficiency. Familiarity with the guidance on right to work checks is beneficial for employers to comply with immigration laws and to avoid possible penalties for illegal working.
Employers are also required to perform right to work checks for all new employees, including non-UK citizens, before they start their employment. This is important for abiding by immigration laws.
For EU citizens who have applied for pre-settled status under the EU Settlement Scheme, employers are required to perform subsequent checks to verify ongoing eligibility to work as this status is time-limited.
Employer Responsibilities and Penalties
Comprehending the complexities of employer responsibilities concerning right to work checks is key for adherence to UK immigration laws.
Post July 1, 2021, it is mandatory for employers to confirm the immigration status of EU citizens using a share code and birth date, since EEA passports and national ID cards are no longer accepted as valid proof of right to work.
Employers must also be familiar with the appropriate documentation needed to show right to work, which includes making sure employees have either Pre-Settled or Settled Status. Incorrect execution of these checks can result in substantial financial penalties, with civil fines climbing up to £45,000 for first offenses and up to £65,000 for recurring violations.
Employers also have the duty to keep copies of the right to work checks for the duration of employment and for two years after the employment ends, serving as proof of compliance.
While it is not the responsibility of employers to ensure that employees have applied to the EU Settlement Scheme, they are required to confirm that new staff have either Pre-Settled or Settled Status prior to commencing employment.
The Home Office provides an Employer Enquiry Helpline to aid employers in handling these duties and comprehending potential penalties for non-compliance, thereby offering valuable information to maintain compliance with the legal framework.
Document Checking Procedures
Executing detailed document checking procedures is vital for employers in confirming the right to work of EU citizens in the UK. As of 1 July 2021, EEA passports and national ID cards are no longer suitable for this task, necessitating alternate methods of verification. EU citizens can now procure a share code online through the EU Settlement Scheme (EUSS) if they possess settled or pre-settled status.
Employers have the duty to verify the applicants' original documents to affirm their genuineness, as this action is a key step in the process. Employers are obligated to rigorously examine original documents to affirm their genuineness, making sure they are authentic, original, and unchanged, with consistent personal details across all documents.
For those with pre-settled status, conducting follow-up checks before the expiration of their status is required to maintain compliance and assure continuous eligibility to work.
Employers also have the responsibility to keep copies of the right to work checks for the duration of employment and for two years following the termination of employment. This retention is important for fulfilling legal obligations and showing compliance in case of an audit.
Frequently Asked Questions
What Do EU Citizens Need to Work in the UK?
EU citizens aiming to work in the UK must obtain a valid immigration status via the EU Settlement Scheme. This scheme grants either Settled or Pre-Settled status. A share code is required for employers to verify the individual's right to work in the UK.
How to Check Right to Work in the UK for EU Citizens?
To confirm the right to work in the UK for EU citizens, employers must receive a share code from the individual. This code allows them to verify the person's immigration status online via the Home Office's secure checking service.
Do I Need a Work Permit if I Have an EU Passport?
Holding an EU passport does not automatically give you the right to work in the UK. Adherence to present regulations, including the EU Settlement Scheme, is required for job eligibility.
What Do You Need for a Right to Work Check?
For a right to work check, individuals must provide valid documentation, such as a share code from the Home Office Online Right to Work Checking Service, confirming their immigration status and eligibility to work in the UK.