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From 1^st July employers must carry out right to work checks on new EEA employees in accordance with new guidance dated 18^th June 2021.

https://assets.publishing.service.gov.uk

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 1^st 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 30^th June deadline. Until 31^st 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 info@jennyharveyimmigration.co.uk

Applications can now be made from inside the UK or from abroad.

At the moment they can only be submitted on-line which means that applicants and their dependents will need to attend a biometric appointment as part of the process.

From 23^rd February 2021 a new app will be available , meaning that eligible applicants and their family members will be able to avoid the need for attending a biometric appointment . The application process is likely to be much quicker but only those holding chipped BN(O), HKSAR or EEA passports will be able to use the app.

It is very important to note that dependents must apply at the same time as the main applicant. It will otherwise be too late.

Please get in touch for help in submitting an application or if you have queries about this new immigration route.

Travellers arriving in England from 4 am onwards on Monday 18^th January must bring with them proof of a negative Coronavirus test.

 

This will apply to UK citizens and to those arriving from a country on the current travel corridors list though there are some limited exemptions including children under 11 years old and those doing certain jobs.

 

The test must be taken in the 3 days before the journey to England starts and must meet the requirements set out in this guidance.

 

Coronavirus (COVID-19): testing for people travelling to England – GOV.UK (www.gov.uk)

 

Failure to provide a negative test result could mean being unable to board and a fine of £500 upon arrival.

 

The guidance of course makes the point that those who test positive should not travel.

The UK has now of course left the EU and the end of the 12 month “transition period” is almost here. It will in fact end at 11 pm on 31^st December 2020.

EEA nationals and their family members who are resident in the UK before the end of the transition period will be able to apply (assuming they need to) for pre-settled status in the UK. They will have until the end of a further 6 month “grace period” – until 30^th June 2021 – to do so.

Family members may still be able to join EEA family in the UK even if they have not become resident by the end of 2020 but they will generally need to apply to do so from outside the UK. They should not enter the UK as visitors and try to apply once they are already here.

From 1^st July 2021 dependent parents of adult EEA children will need to prove their dependency in order to join their children in the UK. This is a significant change from the current assumption of dependency.

The consequences of Brexit, and the various deadlines to be aware of, are complex.

Please contact us for additional information about any of the above points or about any other aspect of immigration law on info@jennyharveyimmigration.co.uk

Submit your immigration application before that if you can.

Most applicants will, from 27^th October,  have to pay £624 per year instead of £400 meaning that, for example, an application to extend your leave to remain as a spouse will cost £1560 instead of the current £1000.

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