One of the key steps when recruiting a new employee is checking their right to work. This is a legal requirement and getting it wrong can be expensive mistake to make, with unlimited fines and a jail sentence of 5 years if you are found to have knowingly employed someone without the right to work in the UK. The changes in place since Brexit have left many confused, so here’s a quick run through of what you need to know.
For all new recruits, you must check that they are allowed to work for you, in the UK, before you employ them.
You can either:
- check the applicant’s original documents
- check the applicant’s right to work online, if they’ve given you their share code issued following their application to the settlement scheme
Changes Effective 1st July 2021
From the 1st July 2021, the UK’s new immigration system will apply. This system treats all applicants equally, regardless of where they come from. This means that anyone you want to recruit from outside the UK (excluding Irish citizens) will need to meet certain requirements and apply for permission before being issued with a visa.
The requirements are different for each visa, and it is worth pointing out that employers will need to have a sponsor licence to hire most workers from outside the UK.
EU, EEA, or Swiss citizens
The greatest changes from UK’s new immigration system applies to EEA or Swiss citizens. Where they were already living in the UK by 31st December 2020, they have had the opportunity to apply to the EU Settlement Scheme, which closed on 30th June 2021.
From 1 July 2021, new rules for right to work checks will apply. All EU, EEA, or Swiss citizens applying to work with you will need to provide evidence of lawful immigration status in the UK, in line with applicants from other countries. Passports and national identity cards are no longer sufficient to prove the right to work. Instead, employers should check their right to work online using:
- a share code
- their date of birth
In some cases you may be unable to check their status using this service, in which case you will need to check their original documents instead.
Happily, there are no requirements for employers to carry out retrospective checks for those taken on before the change.
Irish citizens
Irish citizens can continue to use their passport or passport card to prove their right to work.
We look forward to sharing advice on what to do if you have employed someone prior to 30th June but they have not applied to the EU Settlement Scheme for settled status prior to the deadline of 30th June.
What should I do?
If you are recruiting then take these simple steps:
- From 1st July you will need to ask for proof of right to work in the UK for all applicants
- For EU, EEA, or Swiss citizens this means checking proof of Settled or Pre-Settled Status, or documents / visa where they arrived from 1st January 2021
- For other citizens this means checking their documents / visa
Get in touch if we can help with your recruitment or vetting checks.
This information is for guidance purposes only and replaces the guidance we shared earlier this year. For detailed advice, you should contact an immigration solicitor. Further information can also be found at www.gov.uk.