Right to work checks on EEA citizens

From 1 July 2021, employers must carry out right to work checks on EEA citizens. EEA nationals can continue using their EEA passport or national identity card as the evidence of their right to work prior to 1 July 2021.

How EEA citizens will prove their right to work from 1 July 2021?

Employers can check EEA citizens’ right to work by using the Home Office online right to work service: https://www.gov.uk/prove-right-to-work. Those who have made a successful application the EU Settlement Scheme (EUSS) will have been granted their immigration status digitally.

In order to prove their right to work from 1 July 2021, individuals will need to provide a share code and their date of birth.

If an EEA national has been granted ‘Settled Status’ under the EUSS, they will have a continuous right to work, in the same way as someone with Indefinite Leave to Enter /Remain status.

If an EEA citizen has been granted ‘Pre-Settled Status’ under the EUSS, they will have a time-limited right to work and the employer must carry out a follow-up check.

Please be advised that non-EEA family members of EEA citizens can also provide a share code and their date of birth in order for the organisation to check their immigration status via https://www.gov.uk/view-right-to-work. Alternatively, they can provide their valid Biometric Residence Card (BRC) for a manual check.

Immigration Enforcement 28-day notice

From 1 July 2021, whenever Immigration Enforcement encounters EEA nationals or their family members working without immigration status, a written 28-day notice will be issued before action is taken.

This provides individuals who may have been eligible under the EUSS had they applied prior to 30 June 2021, with the opportunity to make a late application to EUSS demonstrating any reasonable grounds for missing the deadline. Please note that failure to make an application may impact upon their eligibility to access services in the UK and they may be required to leave the UK.

For more information in relation to the lists of acceptable documents for manual right to work checks from 1 July 2021, please refer to:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/994996/Employer_right_to_work_checks_supporting_guidance.pdf.

Contact Our Immigration Team

For expert advice regarding any aspect of the UK visa application, please contact our immigration team on 0203 384 3075.

 

 

 

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.


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