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What right to work check should be done for EU nationals whose employment commenced on or after 1 July 2021?

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.

Read more about this and other questions in our

Right to work checks and civil penalties section.

Disclaimer

Given the fast pace of change, we would stress that this information is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

As a hub, we have included references to articles and explainers from third parties. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.

Our immigration team

Flora Mewies

Flora Mewies

Partner | Employment

Leeds and Manchester

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Roisin Patton

Roisin Patton

Partner | Employment

Newcastle

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Gillian Burns

Gillian Burns

Associate | Employment

Newcastle

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Natalie Payne

Natalie Payne

Solicitor | Employment

Leeds and Manchester

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Isabelle Cernis

Isabelle Cernis

Solicitor | Employment

Leeds

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