Right to Work Checks on EU Nationals from 1st July 2021

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All below information has been cited from the UK Government website.

As of the 1st of July 2021, the right to work check that employers need to carry out on EU Nationals has changed. Below we have answered some frequently asked questions about the new process for checking EU employee’s right to work in the UK.

Am I responsible for ensuring my employees have applied to the EU Settlement Scheme?
As an employer you are not responsible for ensuring employees who are EU Nationals have applied to the scheme. If you currently employ EU Nationals, there is no need for you to conduct retrospective right to work checks on these employees, however, to ensure the stability of your workforce you may wish to carry out retrospective checks. If you do choose to do this, you must ensure that you do so in a non-discriminatory manner and check every EU employee in the same way.
How can I ensure I carry out the checks in a non-discriminatory way?
To carry out checks in a non-discriminatory way, any employee who may be affected by a retrospective right to work check should be consulted. Employers should not pick and choose employees to carry out the checks on.
What are right to work checks?
·         There are two types of right to work check: a manual check and an online check. The type of check you conduct depends on the status of the individual.
·         Manual right to work checks will also need to be completed for individuals who are not able to share their right to work information with you online.
·         Any individual with online access to their immigration status information (eVisa) and holders of biometric residence permits and cards are now able to share their right to work online. This check therefore applies to most EU citizens and some other nationalities who have moved to the UK more recently under the points-based immigration system.
What information do I need to carry out a right to work check on an employee?
To carry out an online right to work check you will need the following information for the relevant/prospective employee:
·         Date of Birth
·         Share Code (the individual should obtain this online)
Where do I complete the check?
The check can then be completed using the government’s online right to work checker tool. Click here to view.
What if my employee has applied for EU Settlement Status, but has not yet had a response?
If an application has not been concluded yet, the individual will maintain a right to work until their application is finally determined. If an individual did not apply for EUSS and has no alternative immigration status in the UK, then they will not be able to pass a right to work check.
What if I want to employ someone who is not eligible for EUSS?
EU citizens who are not eligible for EUSS will need to obtain an immigration status under the points-based system in the same way as any other foreign nationals.
What if my employee has not applied for EUSS?
There is currently not much guidance on the government website regarding employees who have not applied for EUSS, however it has been reported that the application process has been extended beyond 30th June for individuals that have a reason for not having previously applied.

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