Before providing employment, employers must carry out right to work checks for EU citizens and Irish nationals.
EU citizens should utilize the online right to work checking service, supplying a share code and their birth date. In case of absence of digital status, they may need to present original documents.
Irish citizens have the option to show a valid Irish passport or passport card, bypassing the need for the online service.
For both types of workers, it's necessary to verify and keep a record of their documentation for compliance purposes.
Grasping the intricacies of these requirements is vital for employers to avoid fines and maintain the integrity of their operations.
More information on this subject can be accessed for additional clarity.
Right to Work Overview
Under the Immigration, Asylum and Nationality Act 2006, UK employers are required to perform right to work checks to verify that individuals have legal permission to work in the country. These checks are obligatory and must take place before the start of employment, covering all workers, even those in temporary or casual roles.
Employers have a responsibility to adhere to the guidance on right to work checks to avoid illegal employment in the UK. Employers can choose to carry out these checks either manually by inspecting original documents or digitally using the Home Office's online verification system, which requires a share code.
Documents fall into two categories: List A, which relates to individuals with permanent rights to work in the UK, and List B, which applies to those with time-limited rights. Each category has specific documentation requirements that must be met for compliance.
It is also a requirement for employers to keep proof of the right to work checks for the duration of employment and for two years after the employment ends. This is important for regulatory compliance and also to shield employers from potential legal issues associated with employing individuals who do not have the authorization to work in the UK.
Required Documents for EU Citizens
To ascertain the right to work for EU citizens in the UK, certain documents are required, especially with the changes that took effect from 1 July 2021. Citizens from the EU, EEA, and Switzerland are required to use the online right to work checking service, where they must provide a share code and their date of birth.
This system has replaced the old one where EU passports and national identity cards were used as proof of right to work. It is important to note that this information should only be requested by employers when needed to confirm employment eligibility; this maintains compliance with right to work regulations.
For those without digital status, their original documents may be checked. The EU Settlement Scheme continues to be a crucial route for eligible EU citizens who lived in the UK before 31 December 2020, enabling them to apply for settled or pre-settled status.
The status granted is a valid proof of their right to work. Employers have the duty of keeping copies of the right to work documents for the duration of employment and for an additional two years after employment has ended.
This practice ensures adherence to UK regulations and protects both the employer and the employee's rights in the workplace.
Irish Citizens' Documentation
Working in the UK for Irish citizens is a relatively direct process due to the documentation required. Either a valid Irish passport or an Irish passport card can be used as proof of their working rights, and there are no additional requirements. This is due to the Common Travel Area agreement, which facilitates smooth movement and employment rights between Ireland and the UK.
Employers, therefore, need to be familiar with the process of right to work checks to ensure they adhere to UK regulations. Irish nationals are not required to use the online right to work checking service that was introduced after Brexit, unlike EU, EEA, or Swiss citizens. This exception further simplifies the procedure for Irish citizens looking for work in the UK.
It is necessary for employers to confirm that the passport or passport card provided by Irish citizens is up-to-date and valid at the time of employment verification.
Also, Irish citizens do not need to provide any extra documents or applications to the EU Settlement Scheme to work in the UK. This absence of additional paperwork strengthens the uncomplicated nature of the employment process for Irish nationals, aiding their integration into the UK workforce.
EU Settlement Scheme Details
Navigating the intricacies of residency and employment in the UK has become increasingly significant for EU, EEA, and Swiss citizens following Brexit. The EU Settlement Scheme (EUSS) was devised to aid this process for those who were living in the UK by 31 December 2020.
Suitable individuals had up to 30 June 2021 to request either settled or pre-settled status, though late applicants could submit again within 28 days if they had valid reasons for their delay.
Employers are not responsible for managing their employees' EUSS applications; however, they can check an employee's status using the online checking service if the individual shares a code with them.
Those granted settled status have the privilege to live and work in the UK indefinitely, while those with pre-settled status must transition to settled status before their pre-settled period concludes.
Additionally, from 6 August 2021, the EUSS also provides temporary protection for late applicants, allowing them to continue residing and working in the UK while their applications are under review.
Grasping these details is vital for both individuals and employers navigating the post-Brexit scenario.
Digital Right to Work Checks
The EU Settlement Scheme has led to changes in how employers confirm the right to work of EU, EEA, and Swiss citizens in the UK. Digital Right to Work Checks have become a necessary part of this process, making use of the Home Office's online verification service. The service requires a share code and date of birth from individuals for accurate status verification.
Passports or national ID cards alone are no longer sufficient for verification, leading to most employers having to carry out digital checks. This approach simplifies the verification process, reducing the need to examine physical documents when a valid share code is available. It's important for employers to keep their UK Visas and Immigration account details up-to-date and to use the online service effectively.
Keeping a record of digital checks is also important to comply with right to work regulations. Such documentation can serve as a safeguard against potential allegations of non-compliance.
| Key Elements | Details |
|---|---|
| Verification Method | Online service using a share code and date of birth |
| Requirement | Mandatory for most employers hiring EU citizens |
| Documentation | Retention of digital check evidence is necessary |
| Compliance Importance | Provides protection against allegations of non-compliance |
Employer Responsibilities
Employers play a vital role in maintaining adherence to UK immigration laws, especially considering the changes after Brexit. They must perform right to work checks on all employees, which includes individuals from the EU, EEA, and Switzerland.
Verifying the right to work involves examination of original documents or using the online right to work checking service, which needs a share code and the employee's birth date. Employers also need to be aware of the specific documents that the Home Office outlines for proving the right to work.
Employers are not required to ensure their employees have applied to the EU Settlement Scheme, but they must confirm the status of those holding pre-settled or settled statuses.
It's also necessary for employers to keep copies of the right to work checks for the entire period of employment and for two years after the employment ends, as part of document retention requirements.
Neglecting to perform suitable right to work checks can result in serious repercussions, including civil penalties and fines that can amount to £45,000 for initial violations.
Therefore, comprehending and meeting these obligations is vital for employers to maintain compliance and evade potential liabilities.
Consequences of Non-Compliance
Non-adherence to the set right to work checks can result in severe ramifications for businesses. Significant financial penalties, criminal liabilities, and reputational risks are all potential outcomes of non-compliance.
| Consequence | First Offence | Repeat Offence |
|---|---|---|
| Civil Penalties | Up to £45,000 | Up to £65,000 |
| Criminal Liability | Unlimited fines | Risk of imprisonment |
| Reputational Damage | Negative publicity risk | Loss of client trust |
| Sponsor Licence Penalties | Suspension or revocation | Impact on existing visas |
| Documentation Requirements | Retain for 2 years post-employment | Penalties for failure |
Hiring individuals without the right to work can result in severe penalties for employers, including large fines and imprisonment. Non-compliance can also cause operational disruptions and the loss of key employees, which can have a major impact on business continuity. The importance of keeping accurate documentation, such as copies of right to work checks, is of high significance. Not doing so can increase the risk of compliance issues, adding to an employer's obligations under immigration regulations.
Frequently Asked Questions
What Documents Do You Need for a Right to Work Check?
To perform a right to work check, individuals need to provide a share code and date of birth for online verification or original documents that prove their eligibility to work, which varies based on their nationality and residency status.
What Documents Do You Need to Work in the EU?
To work in the EU, typically a valid passport or national ID is required, along with work permits or visas if necessary, documentation of qualifications and experience, and possibly health insurance or proof of financial resources, depending on the specific country.
What Documents Are Required for EU Pre Settlement Scheme?
Applying for the EU Pre-Settlement Scheme requires a valid identity document, proof of residency in the UK before 31 December 2020, and evidence of continuous residence for those seeking settled status.
What Checks Do I Need to Do as an Employer?
As an employer, it is your responsibility to carry out checks for all employees to ensure they have the right to work and comply with immigration regulations. The process involves confirming their eligibility through original documents or via the online verification service and keeping all necessary paperwork for future use.