From 1st July employers must carry out right to work checks on new EEA employees in accordance with new guidance dated 18th June 2021.
They can no longer rely on a prospective employee’s EEA passport or national identity card which will no longer be proof of their right to work in the UK.
Most EEA citizens will need to provide future employers with a “share code” and their date of birth which will enable the employer to check their immigration status using an online service. (See page 39 of the guidance.)
EEA citizens granted settled status under the European Settlement Scheme will have a continuous right to work in the UK but those with pre-settled status will only have a time-limited right to work here and a follow-up check will be required.
Some EEA citizens will not have status under the European Settlement Scheme but will have the right to work in the UK through another route. Irish nationals will be able to continue to prove their right to work using their passport or Irish passport card as they will continue to have unrestricted access to work in the UK.
There will be no need for employers to make retrospective checks on EEA citizens and their family members who are already working for them prior to 1st July.
Importantly, there is a transitional measure to assist employers who identify that an existing EEA citizen employee (employed before the end of June 2021) has not applied under the European Settlement Scheme by the 30th June deadline. Until 31st December 2021, an employer can carry out the steps set out on page 46 of the guidance, to include advising the employee that they must make an application to the EUSS within 28 days and provide them with a certificate of application (a CoA). They do not need to cease employment immediately but can await the determination of the employee’s application.
For advice on right to work checks please contact us at email@example.com