UKVI has published an updated “Right to work checks: an employer’s guide” which can be accessed here.
You can also access Gov.uk’s “Checking a job applicant’s right to work” page here.
Since 1 July 2021, EEA citizens and their family members are required to have immigration status in the UK. They can no longer rely on an EEA passport or national identity card, which only confirms their nationality, to prove their right to work. They are required to provide evidence of lawful immigration status in the UK, in the same way as other foreign nationals.
Since 1 July 2021, the majority of EEA citizens prove their right to work using the Home Office online services (see below).
There may be situations after 30 June 2021 in which you identify an EU citizen in your workforce who has not applied to the EUSS by the deadline and does not hold any other form of leave in the UK.
Where an EEA citizen has reasonable grounds for missing the EUSS application deadline, they will be given a further opportunity to apply but, in short, you should advise them that they must make an application within 28 days.
This is a complex area wholly dependent upon the individual’s circumstances and we encourage you to contact one of our immigration experts if you have specific queries.
