Grasping the concept of right to work checks for EU citizens in the UK becomes significant with the pronounced changes post-Brexit.
Following 1 July 2021, EEA passports and ID cards are no longer acceptable as evidence of eligibility. Employers are now obligated to utilize the Home Office's Online Right to Work Checking Service, which mandates a share code and date of birth from employees.
The EU Settlement Scheme provides an avenue for eligible citizens to apply for Settled or Pre-Settled Status, which is instrumental for continuous work rights.
Employers should conduct regular updates and compliance checks, to meet their legal responsibilities. There is quite a lot to learn about these rules and their consequences.
Changes in Right to Work Regulations
The right to work regulations for EU citizens in the UK have seen notable changes since the completion of the Brexit shift period. As of 1 July 2021, EEA passports and national ID cards are no longer accepted as valid proof of the right to work in the UK for EU citizens.
This change means that employers are required to use the Home Office's Online Right to Work Checking Service to confirm the immigration status of EEA citizens. Additionally, employers must pay attention to the significance of conducting right to work checks to prevent unauthorized employment in the UK, as detailed in the guidance.
The EU Settlement Scheme has been instrumental in this change, allowing EU, EEA, and Swiss citizens who were living in the UK by 31 December 2020 to apply until 30 June 2021. Those who have been granted Settled Status have a continuous right to work, while those with Pre-Settled Status must undergo additional checks after five years.
Employers are now mandated to obtain a share code and date of birth from EU citizens to perform digital right to work checks, replacing the previous reliance on physical documents.
These changes highlight the need for both employers and employees to carefully understand the new rules to ensure compliance and preserve employment rights.
EU Settlement Scheme Overview
The recent alterations in right to work regulations necessitate a clear comprehension of the EU Settlement Scheme (EUSS) by EU, EEA, and Swiss citizens.
The EUSS, designed for those who lived in the UK before the end of 2020, offers a route to obtain either settled or pre-settled status. The former provides individuals with an indefinite leave to stay in the UK, while the latter allows a limited-time stay, which requires subsequent checks to continue employment eligibility.
It's necessary to understand the documents needed to demonstrate their right to work, as the documents to prove right to work may differ depending on immigration status.
The deadline to apply for the EUSS was on 30 June 2021. EEA citizens who do not have settled status after the deadline will face limitations on their work rights in the UK.
Nevertheless, those who didn't meet this deadline can still apply within 28 days if they can provide reasonable grounds for their late application, as stated in the temporary protections announced on 6 August 2021.
Those who have applied should regularly check their UKVI account details to ensure their status is correctly displayed, which is significant for proving their right to work.
Comprehension of the EUSS is fundamental for navigating job opportunities within the new regulatory framework.
Online Right to Work Checking
A significant change has been introduced in the verification process for right to work checks. This change comes with the launch of the Online Right to Work Checking Service, which is now necessary for most EU, EEA, and Swiss citizens. This service allows employers to check the immigration status of their employees digitally, complying with post-Brexit immigration rules.
To access an employee's digital immigration status, employers must obtain a share code and date of birth from the employee. Additionally, biometric residence permits or cards can also be used during the verification process. However, if an employee does not have digital status, original documents may be used as an alternative means of verification.
The following table summarises key aspects of the Online Right to Work Checking Service:
| Aspect | Requirement | Alternative Method |
|---|---|---|
| Digital Status Access | Share code & date of birth | Original documentation |
| Eligibility Confirmation | Biometric residence permits/cards | N/A |
| Compliance with Rules | Necessary for EU, EEA, Swiss citizens | Original document checks if required |
This improved process not only makes verification easier but also strengthens the legal hiring framework in the UK.
Irish Citizens' Work Rights
Irish citizens, unlike their counterparts from the EU, EEA, and Switzerland, enjoy a special status that simplifies their work rights in the UK. Post the Brexit adjustment period that ended on 1 July 2021, Irish nationals can use their passport or passport card as valid evidence of their right to work without any additional requirements.
This special exemption from the new points-based immigration system allows them to work freely with their British colleagues. The Common Travel Area agreement strengthens this position, guaranteeing that Irish citizens can live and work in the UK without any limitations.
Employers are still required to perform right to work checks on Irish citizens, but they can depend on the presentation of physical documents rather than the online verification process required for other EU, EEA, and Swiss citizens.
Significantly, Irish citizens living in the UK before the 31st of December 2020 are not required to apply for the EU Settlement Scheme, securing their work rights indefinitely. This scheme supports the mobility of Irish nationals and reinforces the historical relationship between Ireland and the UK.
Employer Responsibilities
Compliance with Right to Work checks is a key obligation for employers in the UK, especially following Brexit. These checks must be conducted meticulously for all new employees, in line with the Home Office's stipulations.
Verification of the immigration status of EU, EEA, and Swiss citizens should be done through the Home Office's online checking service as physical passports and ID cards are no longer acceptable for this purpose. Employers must also become familiar with the guidance on preventing illegal working, detailing the process and documentation required for compliance.
Documentation procured during these checks must be copied, stored securely, and kept for at least two years after employment ends to show compliance. Employers are not allowed to ask about an employee's immigration application status as such queries may lead to discrimination based on nationality or immigration status.
Non-compliance with Right to Work checks could result in hefty penalties, including fines up to £20,000 for each illegal worker, and could potentially harm the organisation's reputation.
Therefore, constant vigilance and awareness of their duties are necessary for employers to maintain a compliant and fair workplace.
Compliance Check Procedures
Employers are required to follow an established set of compliance check procedures when confirming the right to work of new employees, especially citizens of the EU, EEA, and Switzerland.
Adherence to the Home Office regulations is vital to uphold lawful employment practices.
- Verification of Documents: Employers are required to get and confirm valid documents, such as settled or pre-settled status under the EU Settlement Scheme, prior to starting employment.
- Online Services Usage: Utilise the Home Office's online service to verify the immigration status of EU citizens, ensuring precise and prompt verification.
- Keeping Records: Keep secure copies of right to work documents for at least two years after the end of employment. This process aids in proving compliance during audits.
- HR Teams Training: Give comprehensive training to HR teams about compliance standards, making sure they are aware of any amendments or shifts in regulations related to right to work checks.
Following these methods not only promotes a compliant work environment but also minimises the risk of fines associated with non-compliance.
Special Scenarios and Considerations
There are times when unique situations come about in relation to right to work checks for EU citizens. These scenarios demand thoughtful consideration from both workers and employers. A major issue is related to people who have pending applications to the EU Settlement Scheme (EUSS). It is crucial for these individuals to keep track of their application progress as neglecting this could unintentionally lead to unlawful working conditions.
Furthermore, EU citizens who were employed before the 30 June 2021 deadline but failed to apply for the EUSS might have legitimate reasons for their omission. However, they now confront the possibility of losing their lawful work status without the appropriate documentation.
For those who missed the EUSS deadline and are applying for jobs, the lack of a recognized right to work poses substantial obstacles in finding employment. Employers should encourage their staff to be aware of the EUSS application deadline but they should avoid asking about their personal application progress as this may result in potential discrimination.
Utilizing available resources, like the FAQs on the EUSS webpage, can offer clarity on various situations related to right to work checks for those with pending applications.
Resources for Employers
To navigate the complexities of right to work checks for EU citizens, employers can turn to several resources that can aid their compliance efforts.
Being aware of and using these resources is key to navigating the ever-changing immigration environment in the UK.
- Home Office Guidance Documents: Employers can find comprehensive guidance from the Home Office, detailing the necessary steps and documentation needed for conducting right to work checks.
- Online Right to Work Checking Service: Employers can use the Home Office's Online Right to Work Checking Service to check the immigration status of potential employees quickly and accurately, making the hiring process more efficient.
- Regular Training for HR Teams: Continual training is important for HR teams to stay updated on changes in immigration policies and minimize the risk of penalties related to right to work regulations.
- Record-Keeping Practices: It's mandatory for employers to keep records of right to work checks for at least two years after an employee's departure.
This practice not only shows compliance but also protects against possible civil penalties.
Contacting the Immigration Team
Contacting the Staff Immigration Team is a fundamental step for effective guidance on right to work verification and immigration status requirements. This team plays a key role in addressing questions related to right to work checks for EU citizens in the UK.
For employers, it's key to verify they are reviewing the applicants' original documents to confirm their eligibility accurately. Employers who need guidance on managing the complexities of the EU Settlement Scheme (EUSS) can email hr-visas@bath.ac.uk.
The Immigration Team can clarify the legal obligations that employers must fulfill regarding right to work verification. They provide support in understanding the procedures for outstanding EUSS applications and compliance with the latest post-Brexit immigration rules.
Keeping updated on changes to right to work documentation and checks is essential for compliance and avoiding potential penalties. The Staff Immigration Team ensures that employers have access to the most current information and updates, making the verification process easier.
Frequently Asked Questions
How Do EU Citizens Prove Right to Work in the UK?
EU citizens can establish their eligibility to work in the UK by using the Home Office's Online Right to Work Checking Service. They do this by providing a share code and date of birth, following the stipulated regulations and documentation requirements.
Do EU Members Have the Right to Work in the UK?
EU citizens do not have an automatic right to work in the UK anymore. They are required to demonstrate their immigration status, typically through the EU Settlement Scheme or other legitimate immigration documents, to obtain employment.
How to Work in the UK as a EU Citizen?
For working in the UK as an EU citizen, obtaining settled or pre-settled status under the EU Settlement Scheme is a necessity. Comply with the right to work checks and keep the required documents to prove your eligibility for employment.
How to Check Right to Work for British Citizen?
In order to confirm a British citizen's right to work, employers can request a valid passport or national identity card. GOV.UK provides resources to provide additional information on citizenship status.