The Home Office has just published updated guidance on right to work checks in light of the impending deadline for applications under the EU Settlement Scheme. Here we summarise the latest developments and the various actions which employers may wish to consider.
- 30 June 2021 marks the end of the post Brexit “grace period”. From 1 July 2021, EEA and Swiss nationals (and their family members) will have to demonstrate their right to work in the United Kingdom in the same way as third country nationals. They can no longer rely on their national identity documents and their right to freedom of movement under EU law.
- Whilst retrospective right to work checks are not required, existing EEA and Swiss nationals may lose their right to work if they cannot satisfactorily evidence that they were present in the United Kingdom by 31 December 2020 or have status under the EU settlement scheme.
- The list of acceptable documents for establishing the statutory excuse has been updated.
- The electronic right to work checking scheme forms an essential part of the regime from 1 July 2021.
- This is all in the context of the modified right to work checks introduced during the COVID pandemic.