For employers in the UK, conducting Right to Work checks for EU citizens is a requirement due to the new immigration regulations post-Brexit.
EU and EEA citizens are now required to use the EU Settlement Scheme (EUSS) to prove their work eligibility. The previous practice of accepting EEA passports and national ID cards as valid documentation is no longer valid.
The Home Office's online service must be used to verify immigration status, collecting necessary details such as the share code and date of birth.
Understanding these requirements and the consequences of non-compliance is key for employers.
More details are available.
Overview of Right to Work Checks
Right to Work checks play a fundamental role in the UK employment process, ensuring all employers validate the legal status of their staff to work. Enforced by the Immigration, Asylum and Nationality Act 2006, it is obligatory for all employers to conduct these checks. The aim is to deter the hiring of people who lack legal authorization to work in the UK, thus protecting the workforce and maintaining the standards of the labor market.
Employers ought to familiarize themselves with the guidance on right to work checks to maintain adherence to these regulations.
For citizens of the EU, EEA, and Switzerland, the process has seen significant changes. Passports or national ID cards no longer suffice as evidence of the right to work; these individuals are required to present a share code and date of birth for online validation. This alteration is due to the inception of the EU Settlement Scheme (EUSS), which grants eligible EU citizens who lived in the UK by December 31, 2020, the opportunity to obtain settled or pre-settled status.
It's a legal requirement for employers to keep copies of Right to Work checks for the entire period of employment and for an additional two years after employment has ended.
Failure to comply can lead to harsh civil penalties, emphasizing the need for rigorous verification measures.
Changes After Brexit
The post-Brexit employment landscape for EEA citizens in the UK has seen substantial changes. As of 1 July 2021, EEA citizens need to prove their right to work via the EU Settlement Scheme (EUSS), as the prior use of EEA passports and national ID cards is no longer valid. The cut-off for EUSS applications was 30 June 2021, establishing a fresh structure for employment eligibility.
Irish citizens, in contrast, retain their work rights in the UK without any additional prerequisites, still using their passports for verification. The implementation of a points-based immigration system adds another layer of complexity for EEA nationals, evaluating applicants on factors such as skills, salary, and English language proficiency.
The onus now lies on employers to carry out right to work checks using the Home Office's online service, which requires a share code and date of birth for verification. The following table outlines the major changes:
| Category | Details |
|---|---|
| Right to Work Requirement | EUSS application by 30 June 2021 |
| Valid Identification | No longer accepts EEA IDs post-Brexit |
| Irish Citizens | Retain rights with valid Irish documents |
| Immigration System | Points-based system implemented |
EU Settlement Scheme Details
Often, EU, EEA, and Swiss citizens who were living in the UK by the end of 2020 had to find their way through the EU Settlement Scheme (EUSS) to secure their residency status.
The EUSS was put in place to allow these people to apply for either settled or pre-settled status before the deadline on 30 June 2021.
Key features of the EU Settlement Scheme are:
- Settled Status: This gives indefinite rights to live and work in the UK.
- Pre-Settled Status: This provides a temporary right to stay, with future applications for settled status needed.
- Application Deadline: For those who did not meet the 30 June 2021 deadline, they may still apply under certain conditions.
- Temporary Protection: Announced in August 2021, this permits reapplication within 28 days for individuals with reasonable grounds.
- Employer Responsibilities: Employers are not responsible for ensuring EUSS applications, but they must check immigration status through the Home Office's online service.
These details are key for EU citizens who want to secure their residency rights and keep in line with UK immigration laws.
Irish Citizens' Work Rights
Work rights for Irish citizens in the UK are relatively straightforward, even with the recent changes in immigration law. Thanks to specific provisions, employment eligibility for Irish citizens is simpler. Unlike citizens from EU, EEA, and Switzerland, Irish nationals are not subject to the new points-based immigration system. Instead, they retain their free movement rights under the Common Travel Area agreement.
| Document Type | Purpose |
|---|---|
| Irish Passport | Proof of right to work |
| Irish Passport Card | Valid proof of work rights |
| EU Settlement Scheme (if applicable) | Secures residency and work rights for those residing by 31 December 2020 |
Employers are required to perform right to work checks for Irish citizens. However, they can accept the given identification documents without having to check immigration status online. This process reduces administrative tasks for both employees and employers. Irish citizens who were living in the UK before the end of 2020 can apply for the EU Settlement Scheme to protect their work rights. The work rights framework for Irish citizens in the UK is clear and easy to understand.
Conducting Right to Work Checks
In the UK, it is of utmost importance for employers to undertake Right to Work checks for EU citizens. The EU Settlement Scheme has necessitated adjustments to employers' procedures to ensure they are in line with present laws.
Checking that employees present the appropriate documentation demonstrating their right to work linked to their immigration status, as defined by the documents to prove right to work, is a key step.
- The Home Office's online verification service can be utilized for precise status confirmation.
- An employee's share code and date of birth should be requested for immigration status verification.
- Outcomes of checks should be documented and copies stored for at least two years after the employment ends.
- For employees with Pre-Settled Status, follow-up checks should be carried out to verify continuing eligibility.
- Discrimination based on immigration status should be avoided while reminding employees of application deadlines for the EU Settlement Scheme.
From 1 July 2021, EU, EEA, and Swiss citizens are no longer able to use passports or national ID cards as proof of their right to work. They are now required to show proof of either Settled or Pre-Settled Status.
Diligently adhering to these steps allows employers to meet legal requirements and promote a fair and inclusive environment for all employees.
Penalties for Non-Compliance
Non-adherence to Right to Work check regulations can result in severe implications for employers. The monetary penalties are considerable as civil fines can go as high as £20,000 for each illegal worker discovered. These fines can multiply for businesses with consecutive offenses, amplifying the financial strain.
Moreover, employers are obligated to stay updated with the continuous checks required for all individuals residing in rented properties. Beyond financial penalties, non-compliance can also cause significant damage to a company's reputation, potentially leading to public criticism and operational disruptions due to the loss of key employees facing legal repercussions.
Employers might also be subject to criminal liabilities. This could lead to unlimited fines and even imprisonment if they are found to intentionally employ individuals without the right to work.
Moreover, businesses that neglect to conduct appropriate checks risk losing their sponsor licence, which could put the validity of their foreign workers' visas at risk and possibly disrupt their workforce.
To avoid these risks, employers are required to keep evidence of Right to Work checks for the entirety of employment and for two years post-employment. This documentation plays a crucial role in demonstrating compliance and defending against potential penalties, underlining the necessity of abiding by the regulations.
Employer Responsibilities
Appreciating the obligations of employers with respect to Right to Work checks is paramount for adherence to UK immigration laws. Employers have to make sure that all new hire paperwork, including those of EU, EEA, and Swiss citizens, includes valid proof of their immigration status before employment begins.
As of 1 July 2021, EEA passports and national ID cards are no longer suitable for demonstrating Right to Work, requiring the use of the Home Office's online checking service for validation. Checking original documents to confirm their validity and authenticity is a key part of this process.
Important responsibilities consist of:
- Performing Right to Work checks for every newly employed individual.
- Keeping copies of Right to Work documents throughout the duration of employment and for two years after employment ends.
- Keeping abreast of Home Office guidance to evade civil penalties that could reach up to £20,000 per illegal worker.
- Avoiding questions about an employee's application status to avoid discriminatory practices.
- Reminding employees of the EU Settlement Scheme application deadlines and providing general support.
Resources for Employers
Navigating the intricacies of Right to Work checks necessitates the use of diverse resources by employers to maintain adherence to UK immigration laws. It is of utmost importance for employers to execute comprehensive checks for every new recruit, which includes acquiring and safely storing copies of pertinent documentation for audit requirements.
Employers should also acquaint themselves with the documentation needed for renting in England for a complete comprehension of compliance. The Home Office provides numerous guidance documents and resources aimed at helping employers with their verification procedures.
Furthermore, online training modules specifically crafted for HR staff are available to guarantee that staff stay in line with the latest immigration laws and Right to Work check procedures.
Keeping abreast of any modifications to immigration laws and Right to Work regulations that affect EU citizens is significant; thus, frequent updates from government websites ought to be given precedence.
Additionally, networking with industry peers and legal consultants can provide valuable insights and best practices for managing the intricacies involved in employing EU citizens in the UK post-Brexit.
Contacting the Employer Helpline
For employers dealing with Right to Work checks, the Employer Enquiry Helpline is a valuable tool for addressing specific questions and concerns. The helpline can be reached at 0300 790 6268 and operates Monday to Thursday from 9am to 4:45pm and Friday from 9am to 4:30pm.
It's important for employers to know how to check original documents to ensure they are following the law.
Contacting the helpline can help employers in several ways:
- Getting advice on how to follow updated immigration rules.
- Help in verifying the right to work for EU, EEA, and Swiss citizens.
- Information on the new verification processes post-Brexit.
- Support in understanding legal obligations to reduce risks.
- Advice on how to avoid civil penalties linked to improper checks.
Understanding these matters is key for employers to operate in the post-Brexit environment.
The helpline provides employers with the knowledge and resources they need to properly conduct Right to Work checks. Using this service can help make the hiring process smoother and ensure compliance with legal requirements in the changing UK employment environment.
Frequently Asked Questions
How Do EU Citizens Prove Right to Work in UK?
To verify their right to work in the UK, EU citizens are required to use a share code and date of birth through the Home Office's Online Right to Work Checking Service. This service confirms their digital immigration status, which they have obtained via the EU Settlement Scheme.
Do EU Citizens Need a Work Permit to Work in the UK?
EU citizens, without settled or pre-settled status obtained via the EU Settlement Scheme, must have a work permit to work in the UK. This became effective on 1 July 2021, in line with the points-based immigration system.
Do UK Citizens Have the Right to Work in the EU?
Post-Brexit, UK citizens do not automatically have the right to work in EU countries. They are required to follow the immigration rules of individual member states, which often include obtaining work permits and visas and meeting specific employment criteria.
How Can I Check My Right to Work in the UK Without a Share Code?
To confirm your right to work in the UK without a share code, show original documents that prove your immigration status, like a biometric residence permit or a valid visa, to the employer you're hoping to work for.