From 1 July 2021, the Government’s updated guidance on Right to Work Checks will come into effect, following the closure of the EU’s Settlement Scheme.
So, what exactly has changed?
There are no changes to Right to Work Checks for UK citizens.
Irish citizens are excluded from the new guidance and can continue to prove their Right to Work in the UK using their passport or via a new ‘Irish Passport Card’.
EU Citizens Arriving in the UK
Citizens arriving from EU countries must now evidence their Right to Work in the UK using a Biometric Residence Permit which can be obtained using the points-based visa system.
EU Citizens Already Residing in the UK with EUSS
EU citizens already residing in the UK that have applied to the EU Settlement Scheme must now prove their Right to Work in the UK by supplying either an online share code or evidencing their Biometric Residence Permit.
EU Citizens Residing in the EU that are Employed in the UK
EU citizens who reside in the EU who are employed in the UK must now evidence their Right to Work using the new ‘Frontier Worker Permit’.
Citizens from Jersey, Guernsey & Isle of Man
Citizens from Jersey, Guernsey and Isle of Man can provide a document issued by the Crown Dependencies, verified as valid by the Home Office Employer Checking Service, to prove their Right to Work in the UK.
Carrying out Right to Work Checks
There are now two types of Right to Work Checks employers need to be aware of:
- Online Right to Work Checks should be carried out for individuals who only possess digital proof of their immigration status in the UK, and will apply for most EU, EEA, and Swiss citizens. Employers can complete this check by inputting the individuals share code and date of birth into the Governments Right to Work Service, available at: View a job applicant’s right to work details – GOV.UK (www.gov.uk)
- Manual Right to Work Checks can be carried out for UK and Irish nationals using a passport. This check will also apply to applicants who do not hold a digital right to work status.
Employers will not be required to retrospectively check the status of any EU, EEA, or Swiss citizens that were employed prior to 1 July 2021, where the correct checks have already been carried out.
Adjusted Right to Work Checks Extended
Following the Government’s announcement on 14th June 2021, the temporary COVID-19 adjusted Right to Work checks will remain in place until 31st August 2021.
The adjustments will entail the following:
- Checks can currently be carried out over video calls.
- Job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals.
- Employers should use the Employers Checking Service if a prospective or existing employee cannot provide any of the accepted documents.
Right to Work Checklist
Failure to carry out Right to Work Checks can result in fines up to £20,000 per ANY unchecked employee and so, it is crucial for employers to be routinely carrying out checks on ALL new recruits when an offer of employment is made.