No right to work checking change until 30th June 2021
With BREXIT – do the right to work checks change on 1st January 2021?
Simply the answer is no. The Home Office state the following:
You’ll need to check a job applicant’s right to work in the same way as now until 30 June 2021.
Until this date 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 listed in the right to work checks employer guide
- 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.
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.
Irish citizens will continue to prove their right to work in the UK as they do now.
Do I need a licence to employ foreign workers?
If you are recruiting overseas migrant workers to come to the UK to work then yes, you would need a sponsorship licence.
However, if you are recruiting in the UK and a foreign national with UK right to work documentation applies, then there is no requirement for a sponsors license, the individual has a right to work in the UK.
Do I need to check EU settlement status from 1st January 2021?
Simply no, there is no requirement or right to request information. The right to work requirements continue as now until 30th June 2021.
Employers need to await any changes which would apply from 1st July 2021 and then only for prospective new employees.
PAYadvice.UK 24/11/2021 updated 26/11/2020