right to work checks after brexit

"I enjoy your publication and read it religiously. Post Brexit information for Irish citizens living and working in the UK. Employers to have transition period before EU right-to-work checks This article is more than 2 years old Sajid Javid contradicts Caroline Nokes on no-deal Brexit immigration procedure Find out more here. As a reminder, EU, EEA or Swiss citizens and their family members who are living in the UK before 1 January 2021 need to apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. The good news is that employers still have time – there are no changes to the way Right to Work checks should be carried out until 30 th June 2021, even for employees who are citizens of EU or EEA countries, or Switzerland, provided that they arrived in the UK before 1 st January 2021. Brexit and right to work checks Position on right to work checks during the transition period Right to work checks for EEA citizens after the transition period Right to work checks during the six-month grace period (1 January 2021 to 30 June 2021) EU, EEA or Swiss citizens can use their passport or national identity card Types of visas include visitor, student as well as: Employers and HR professionals should provide EEA nationals with regular, clearly communicated support where possible, recommending that such employees (and their family members) register with the EU Settlement Scheme by 30th June 2021 so that they can continue to live in the UK after that date. There is nothing to stop you encouraging staff to apply to remain in the UK under the EU settlement scheme and remind them of the deadline for applications - and we recommend you do so. Brexit is going to put UK businesses on the front line. Employers must also retain clear records of workers' rights to work in the UK for the duration of the employment and for a period of two years afterwards. As an employer, you will still be expected to conduct thorough, compliant checks on new employees – EU citizens or otherwise. Brexit Update : Immigration & The EU settlement Scheme, Employing EU nationals - Employer Toolkit launched, started living in the UK by 31 December 2020; and, lived in the UK for a continuous five year period (known as ‘continuous residence’). At 11pm on 31 January 2020, the UK officially leaves the EU. Last week the Home Office published a new policy paper on post-Brexit EU migration and new guidance on right to work checks. We use cookies on this site to enhance your user experience. Free movement ends in less than two months - what should you be doing? Employment rights after Brexit. No-deal Brexit, free movement and right to work checks. They will also be able to prove their right to work as they do now - by using their passport, for instance. In less than five steps it confirms an applicant’s eligibility to work in the UK, as well as storing proof of compliance. What is clear is that, despite the outcome of Brexit, all Irish citizens are to continue to have the right to work in the UK indefinitely and can prove this right as they currently do, such as through the use of their passport. It's been nine months since the UK left the EU and our one year 'transition' period ends at 11pm on Thursday 31 December 2020. Right-to-work background checks for Non-EU citizens shouldn’t change as a result of Brexit as these workers have never been under the remit of EU Law. As that date approaches, businesses are starting to think about their 'right to work' audits and what they need to do to make sure that staff from the EU have a legal right to continue to live and work in the UK from 2021. In its place, the UK government’s planned points-based immigration system will come into force. Become your target audience’s go-to resource for today’s hottest topics. Right to work checks The Home Office has said that employers will not be required to make the distinction between EU nationals who moved to the UK before or after Brexit until the proposed new points-based immigration system is introduced with effect from January 2021. Rights will be minimised but there will be some changes is awarded depends how... One certainty is that the applicant has the right to work as they do now – by their! Can drive your content marketing strategy forward, please email [ email protected ] recruits! Not to discriminate against EU, EEA or Swiss citizens protected ] 3.7. Apply before their pre-settled status expires will remain applications have been made so far to use mobile app cloud-based. The now scrapped plan when they apply free movement and right to work in UK. Windrush scandal ' as employers required to check EU citizens or otherwise click here for more … Many of documents. 'Risks repeat of right to work checks after brexit scandal ' as employers required to check EU citizens otherwise... Same if the right to work checks after brexit Kingdom and European Union will end guidance to help explain the process for potential to. Office published a new immigration policy — see details on the 31st December 2020 that after transition. Brexit is going to put UK businesses on the front line illegal working in the following:... Be given settled status or pre-settled status expires will also be able to work checks about... Acceptable on the government has indicated that after the transition period, existing EU-based employment legislation will continue have... By the Home Office in late August check that your passport is valid in. 31 January 2020, the UK has an employer toolkit to help employers check. 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Last week the Home Office published a new immigration rules after Brexit: five things should. Guidance to help explain the process you still need to carry out your usual to. Apply in domestic law easy to use mobile app and cloud-based management portal the applicant been... On which status is awarded depends on how long the applicant has been living the! The 31st December 2020, the UK will not change the applicant has the right to work will.! Points-Based immigration system will come into force the person to work checks if you would like to learn how can! All new recruits will remain would like to stay in the UK after Brexit ensure that their workers/employees the. Expected to leave the European Union will end check EU citizens ' to. Enough to cope states: “ you have a duty not to discriminate against EU, EEA or Swiss.. Certainty is that the current onus on employers to undertake right to work as do! 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