Free movement ends in less than two months - what should you be doing? Right to work checks should be conducted before the employment commences and, if conducted correctly and evidenced, will provide the employer with a statutory defence to illegal employment action against them. No-deal Brexit. The UK’s membership of the EU and the rules on freedom of movement mean that people from the EU, EEA and Switzerland have had the right to work in the UK with minimal checks required. Understand your clients’ strategies and the most pressing issues they are facing. Employers must also retain clear records of workers' rights to work in the UK for the duration of the employment and for a period of two years afterwards. How can you prove your right to work in the UK? They will also be able to prove their right to work as they do now - by using their passport, for instance. The 40-page AN EMPLOYER’S GUIDE TO RIGHT TO WORK CHECKS published by the Home Office on 29 June 2018, 2 years after the EU referendum and more than a year after the Article 50 trigger, has no references to Brexit. Introducing PRO ComplianceThe essential resource for in-house professionals. They will either be given settled status or pre-settled status. December 23, 2020. In its place, the UK government’s planned points-based immigration system will come into force. Irish citizens will continue to have the right to work in the UK after Brexit. UK employers should continue to conduct right to work checks on all prospective applicants to ensure they comply with the rules on illegal working and avoiding unlawful discrimination. Right to work checks are about employing workers legally. If you are employing someone new, you need to carry out your usual right to work checks. Our last session, ‘Brexit - Right to Work Check Changes’, covered key right to work checks as well as new updates from the home office. Right to Work checks after Brexit. Right to work checks The Home Office has said that employers will not be required to make the distinction between EU nationals who moved to the UK before or after Brexit until the proposed new points-based immigration system is introduced with effect from January 2021. One of the key issues is EU workers, and how Brexit will affect their Right to Work status in the UK going forward. The new guidance does not apply to Irish citizens. Post-Brexit. 31 January 2020. It is only from 1 January 2021 that a UAN number will be essential to evidence an EEA or Swiss national’s right to work because free movement will end. Keep a step ahead of your key competitors and benchmark against them. These set aside the previous policy that was announced by the Home Office in late August. They will also be able to prove their right to work as they do now - by using their passport, for instance. We use cookies on this site to enhance your user experience. Right to work checks for UK employers will not change until 1 July 2021, when UK employers hiring new non-Irish EEA workers will need to check digital status under the EUSS or under the new work visa rules applying from 1 January 2021. The Government has stated firmly that EU citizens will not have any automatic right to work in the UK after the Brexit transition period. Hopefully, these will address the question of when you can ask your EU staff about their status. ", © Copyright 2006 - 2020 Law Business Research. The UK's new immigration rules after Brexit: five things employers should do. Types of visas include visitor, student as well as: Employers and HR professionals should provide EEA nationals with regular, clearly communicated support where possible, recommending that such employees (and their family members) register with the EU Settlement Scheme by 30th June 2021 so that they can continue to live in the UK after that date. New Home Office guidance on post-Brexit right to work checks also confirms that UK employers will not be required to distinguish before 1 January 2021 between EU, EEA and Swiss citizens and their family members who were resident in the UK before the UK leaves the EU, … Contact UsCompany NewsOur Management TeamBlogOur OfficesPrivacy and LegalModern Slavery Policy StatementBrexit StatementCoronavirus Update, Daily Records, Risks and Incident Reporting, Digital Tools Package for Small Charities, Schools, Academies and Multi-Academy Trusts, Your December Update from the Recruitment Customer Success Team, Driving Diversity and Overcoming Bias in Recruitment, 6 Reasons Recruitment Agencies Struggle to Grow. Irish citizens will continue to have the right to work in the UK after Brexit. However, one thing which is certain is that after the UK leaves the EU, right to work checks will have to change. Within the next month or so, we expect the Home Office to provide further guidance to help employers. Become your target audience’s go-to resource for today’s hottest topics. UK - Deal or no deal? Irish citizens will continue to have the right to work in the UK and prove their right to work as they do now, … This will not distinguish between EU and non-EU nationals, and is designed to attract people who can contribute to the UK’s economy regardless of their place of origin. If you would like to learn how Lexology can drive your content marketing strategy forward, please email [email protected]. Apr 11 2019. They will also be able to prove their right to work as they do now – by using their passport, for instance. A full recording of the webinar can be found below. The Home Office will send you a ‘Positive Verification Notice’ to confirm that the applicant has the right to work. The Home Office has an employer toolkit to help explain the process. Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. Employer Rights to Work in the UK in a Post-Brexit World. On 31 December 2020, the UK is expected to leave the European Union. Last week the Home Office published a new policy paper on post-Brexit EU migration and new guidance on right to work checks. Looking for a full screening including right to work software? The good news is that employers still have time – there are no changes to the way Right to Work checks should be carried out until 30 th June 2021, even for employees who are citizens of EU or EEA countries, or Switzerland, provided that they arrived in the UK before 1 st January 2021. Questions? Employers will not need to make additional right-to-work checks on EU citizens in the event of a no deal Brexit, the immigration minister has confirmed, just days after stating the opposite. Access Right to Work is an easy to use mobile app and cloud-based management portal. A new points-based immigration system will apply to people arriving in the UK from 1 January 2021 and as part of this EU citizens moving to the UK to work will need to get a visa in advance. As that date approaches, businesses are starting to think about their 'right to work' audits and what they need to do to make sure that staff from the EU have a legal right to continue to live and work in the UK from 2021. Home Office guidance (which was last updated on 6 April 2020) makes it clear that employers should not ask existing employees about whether they've applied for settled or pre-settled status because EU citizens that are already working in the UK (as at 31 December) have until 30 June 2021 to apply under the EU settlement scheme. The right to travel, live, and work in the UK will not change. EU nationals arriving in the UK from this date will not benefit from the free movement rights and the ability to work … Prior to 31st December 2020 there will be no changes to the way in which individuals from the EU, EEA or Switzerland prove their right to work in the UK. It’s important, too, to keep an eye out for potential changes to checks for new employees after January 2021. The government has indicated that after the transition period, existing EU-based employment legislation will continue to apply in domestic law. Disruption will be minimised but there will be some changes. The next generation search tool for finding the right lawyer for you. Every employer in the UK has an obligation to ensure that their workers/employees have the right to work in the UK. You can find out more about how to carry out Right to Work checks and which documents are acceptable on the government website. Irish citizens will continue to have the right to work in the UK after Brexit. Latest information from the government suggests that there will be a transitional grace period until 30 June … They will be subject to a new immigration policy — see details on the White Paper below. We also covered a number of common themes that we have gathered from the various questions posed throughout our Immigration webinar series. More than 3.7 million applications have been made so far. Click here for more information about how we use cookies on our site or read our privacy policy here. They will also be able to prove their right to work as they do now - by using their passport, for instance. At a Glance After Brexit, employers in the United Kingdom will need to continue to conduct right to work checks on all prospective employees. EU, EEA or Swiss citizens can use their passport or national identity card During the transition period up to the end of 2020, current EU rules on trade and employment rights will continue to apply in the UK. What are right to work checks anyway? Although the Home Office has suggested that EU passports and national ID cards should be accepted as proof of right to work in the UK until 30 June 2021, it is highly recommended that from 1 January 2020 you ask every new recruit, including EU nationals about their UK immigration status (or the date of their arrival in the UK). "I enjoy your publication and read it religiously. If an EEA national is living in the UK before 31st December 2020, they can apply for a settled or pre-settled status under the EU Settlement Scheme. Employers will not need to check if employees have been issued their status under the EU Settlement Scheme, or another immigration document, to prove their right to work. Information for employers on employing EU, EEA and Swiss citizens in the UK, covering right to work checks, the EU Settlement Scheme and the UK’s new immigration system. In the event of a no-deal Brexit, EEA and Swiss nationals will be able to enter and reside in the UK for a temporary period of 3 months. If you’re running a small business which employs people from outside the UK, it’s something you should be up to speed with. Please contact [email protected]. It couldn’t be easier to get up and running here. On the 31st December 2020, freedom of movement between the United Kingdom and European Union will end. 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