Here’s an overview about the changes arising from Brexit that impact upon a person’s eligibility to work in the UK and what proof they need to give you before they commence employment. As you would expect there are nuances and exceptions so please make sure that you take a look at the detailed rules if you are planning to recruit.
Between now and 30th June 2021
An EU, EEA or Swiss citizens’ right to work in the UK has not changed, even though the UK has left the EU. New joiners can still use their passport or National Identity Card until 30 June 2021.You will need to check a job applicant’s right to work in the same way as you do now. As long as they are residing in the UK and they started work before 30th June 2021, the current checks remain in place and you will not need to make retrospective checks for existing employees.
As a reminder, job applicants can prove their right to work in the following ways:
- EU, EEA or Swiss citizens can use their passport or national identity card.
- non-EU, EEA or Swiss citizen family members can use an immigration status document (as per the list of acceptable documents).
- EU, EEA and Swiss citizens and their family members can use the online right to work checking service.
If an applicant uses the online checking service this will generate a share code. You must then use the employers’ online service to check their right to work using this share code.
Important Note: You have a duty not to discriminate against EU, EEA or Swiss citizens. You cannot require them to show you their status under the EU Settlement Scheme until after 30 June 2021.
EEA and Swiss citizens who were living in the UK by 31 December 2020, and their family members, can apply to the EU Settlement Scheme. They have until 30 June 2021 to apply.
From 1st July 2021
From 1 July 2021 checks will change, and all EEA nationals will be required to demonstrate they have a right to work through evidence of their immigration status, rather than their nationality, using the online service.
There will be a small number of exceptions and these will be detailed in further guidance. New guidance on how to conduct right to work checks on EEA nationals from 1 July 2021 will be provided in advance of this date. The Government has not issued this yet.
Irish nationals will continue to have the right to work throughout and prove their right to work as they do now, for example by using their passport.
There will be no requirement to conduct a retrospective check.
We will update you further in due course.