In some cases, an employer may even become aware, or have reasonable grounds to suspect, that an EU employee never had, or has subsequently lost their right to work in the UK, but misguidedly seeks to rely on the grace period currently provided for by the Home Office. It is the responsibility of the individual to make an application to the EU Settlement Scheme and there is no requirement for the individual to inform the employer that they have applied, or of the outcome of their application. The ability to work illegally can leave migrants vulnerable to exploitation and allow unscrupulous employers to undercut compliant businesses in the UK. EEA and Swiss nationals starting a job in the UK in the first half of 2021 must be able to evidence their right to work by presenting a copy of their passport or national ID card to their employer.. 542691 If you are an EU national or a dependant of such a national and you meet the requirements of the EU Directives on free movement of workers, you may not, in general, be refused permission to land in another EU country. The deadline to register their lawful status under the scheme is 30 June 2021. A worker may also be eligible under the Intra-Company Graduate Trainee route if they are to be transferred to the UK as part of a structured graduate training programme for up to one year – and for which there are different rules on length of overseas experience and salary. Under the new points-based immigration system, for EU citizens arriving in the UK after 1 January 2021, they will need to meet a specific set of requirements for which they will score points, where work-related visas will be granted to those who reach the relevant minimum points threshold. The new immigration rules will apply to foreign nationals arriving in the UK from 1 January 2021. Ascertain the workers’ length of service, period of residence in the UK and the date when they joined the organisation. The UK formally left the EU on Friday 31 January 2020 and is undergoing a transition period before it is finalized. Employers must pay £1,000 per skilled worker for the first 12 months, with an additional £500 charge for each subsequent 6-month period, although discounted rates (of £364 and £182 respectively) apply to charities and small businesses. If you do not have a visa or status under the EU Settlement Scheme, or you entered the UK as a tourist, you will not have the right to work in the UK. They will be paid at least £25,600 or the going rate for the job offer, whichever is higher. 6183275 In this scenario, the EU employee should have a valid UK visa. If they are living in the UK by 31 December 2020, they should apply for settled or pre-settled status under the EU Settlement Scheme. This website uses cookies to improve your experience. EU citizens will need a national insurance (NI) number to work in the UK, although they can start work without an NI number if they can prove their right to work. On a final cautionary note, additional sanctions that may flow from non-compliance with the right to check rules include a possible downgrade, suspension or revocation of your sponsor licence. After 31 December 2020, EU nationals who have applied for settled or pre-settled status under the EU Settlement Scheme will have the right to work in the UK. Retain a clear copy of the response provided by the service for the duration of the individual’s employment and for two years after. There are three basic steps to conducting a manual right to work check: When conducting a manual right to work check, you will need to ensure that: When taking a copy of the documents, you must make a clear copy of each document in a format that cannot manually be altered. This will enable them to make their visa application. This could be, for example, where they only have pre-settled status under the EU Settlement Scheme or they have been granted limited leave to remain under the points-based system. If you are an approved sponsor of a skilled worker, you will be required to issue a certificate of sponsorship to the visa applicant showing that they have a genuine job offer from a licensed UK employer. Get help from your nearest Citizens Advice before you apply. After 30 June 2021, with the exception of Irish citizens who will continue to have the right to work as they do now, all EU citizens wanting to secure work in the UK will be required to have status either under the EU Settlement Scheme or a valid work visa under the new system. You should apply to the EU Settlement Scheme for settled status. View the individual’s right to work details by typing in the share code, together with their date of birth, Check that the photograph on the online right to work check is of the individual presenting themselves for work. The ability to prove who you are has become a fundamental and universal human right. The individual cannot show you their documents because of an outstanding appeal, review or application with the Home Office, The individual has an Application Registration Card, The individual has a Certificate of Application less than six months old. If you are working in Europe at present and want to know if UK citizens can still work in the EU after 1st January 2021, we have a brief overview of key things you need to know. Up until 30 June 2021, an EU citizen can use their passport or national identity card as proof of eligibility to work in the UK. All content is available under the Open Government Licence v3.0, except where otherwise stated, If you use assistive technology (such as a screen reader) and need a Despite the UK’s departure from the European Union, Ireland and the UK remain in a Common Travel Area, which gives residency and travel rights (among other things) to Irish citizens in the UK, and British citizens in Ireland. EU nationals are able to work in the UK from 1 January 2021 provided they have the relevant permission. They are being sponsored by a UK sponsor licensed to hire intra company transfer workers, They have 12 months’ experience working for a business overseas linked by ownership to the UK business they will work for, They will be undertaking a role at the required skill level of RQF6 or above, ie; equivalent to graduate level, They will be paid at least £41,500 or the going rate for the job, whichever is higher. We also use third-party cookies that help us analyze and understand how you use this website. It is mandatory to procure user consent prior to running these cookies on your website. Added the section 'Help you can get' with more links to the different types of help available. To help us improve GOV.UK, we’d like to know more about your visit today. To apply for a national insurance number you must have the right to work in the UK. This means you will still need to provide proof of your immigration status, for example, if you are an EU citizen, evidence of status under the EU Settlement Scheme. Registered Office: Level 30, The Leadenhall Building, 122 Leadenhall Street, London, EC3V 4AB, London Cambridge Aberdeen Manchester Birmingham, Branding, Digital & Website by Rokman Laing. Whether or not an EU national needs a visa will depend on when they first arrived in the UK. To be joined by family members, you must be either have permanent residency or be a ‘qualified person’ which means you must be either working, self-employed, financially self-sufficient or studying. In most cases you will be able to conduct either a manual or online check. Developing a Corporate Immigration Policy, Eligibility to Work in the UK (Acceptable Documents). As such, you cannot require a prospective EU employee to provide proof of their EU settled or pre settled status until after 30 June 2021. It says that British citizens who are lawfully resident in EU member states before 1 January 2021 will be able to continue to live, work and travel (although these rights would cease after a leave of absence of more than five years). UK citizens no longer have an automatic right to live or work in the EU, so you will need to check an individual country's immigration rules. Non-UK residents wishing to come to the UK to work after 1 January 2021 – including EU nationals (though with the exception of Irish citizens) – will need permission in advance from UK Visas and Immigration (UKVI). Practical, up to date guidance on the employment, HR & immigration issues of the coronavirus outbreak. Published 12 … Under this new system, all non-UK residents, whether they are nationals of an EU or non-EU country, will be subject to the same requirement to apply for permission to come to the UK to live and work. The Home Office guidance also states that an employer has a duty not to discriminate against EU, EEA or Swiss citizens. The level of fee will depend on the type of licence sought and the size of your business. If you've lived in the UK for 5 years or more. Necessary cookies are absolutely essential for the website to function properly. I have permanent residence in the UK/EU or will acquire it during the transition period . For students, you must see evidence of their study and vacation times. We recommend that employers send out a communication about the EU Settlement Scheme directing employees to government information about the scheme, such as the Home Office’s employer toolkit, which provides materials to support EU citizens to apply to stay in the UK, Ask to see the applicant’s original documents, Check that the documents are valid with the applicant present (*), Make and retain copies of the documents, recording the date you made the check, The documents are genuine, original and unaltered, The documents belong to the person who has given them to you, The photos are the same across all documents and look like the applicant, If two documents give different names, the applicant has supporting documents showing why these are different, such as a marriage certificate or divorce decree, The dates of birth are the same across all documents, The dates for the applicant’s right to work in the UK have not expired, The applicant has permission to do the type of work you are offering, including any limit on the number of hours they can work. You will need to see their original Application Registration Card or Certificate of Application, if this is what you’re checking. Under the Home Office guidelines, there is currently no requirement to make retrospective checks or carry out follow-up checks after 30 June 2021 for existing EU employees who commenced employment on or before 31 December 2020. This file may not be suitable for users of assistive technology. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. As such, it may be extremely difficult for employers to ascertain an individual’s ongoing right to work based purely on a previous check of their passport or national ID card. In response to the coronavirus pandemic, when carrying out manual right to work checks, there are temporary changes to the way you should physically check documents. EU workers already in the UK by 31 December 2020, EU workers arriving in the UK from 1 January 2021, Right to work checks on existing EU employees, Right to work checks on EU employees after 30 June 2021, Immigration compliance advice for employers, processing time for a licence application. If you already employ EU nationals in the UK, and they are resident in the UK by 31 December 2020, they will not be subject to the new rules, provided they apply for EU settled or pre-settled status under the EU Settlement Scheme. EU/EEA and Swiss citizens who have been already living and working in the UK before the 31st of December 2020 are required to apply under the EU Settlement Scheme. Where an employer is found to have employed someone who is prohibited from working in the UK or undertaking the work in question by reason of their immigration status, they may be liable to pay a civil penalty of up to £20,000 per illegal worker. Issues may also arise where an EU citizen employed between 31 December 2020 and 30 June 2021 arrived in the UK after 31 December 2020 and, as such, was never eligible to apply under the EU Settlement Scheme. You can change your cookie settings at any time. That means freedom of movement (which allows EU citizens the right to live and work in the UK and gives UK citizens the right to do the same in EU countries) will continue during this phase. If an EU citizen does not take these steps, as of 1 July 2021, they will no longer have the right to live and work in the UK … We use some essential cookies to make this website work. View our guide to Right to Work checks and documents here. EU citizens applying for a skilled worker visa need to show they have a job offer from … The information on this page explains the rights of EU, EEA and Swiss citizens to work in the United Kingdom (UK), now that the UK has left the European Union. We'll assume you're ok with this, but you can opt-out if you wish. Equally, under Home Office guidelines, employers will be given a ‘grace period’ until 30 June 2021, where they can continue to check an EU employee’s right to work by solely checking their passport or national ID card. There will be no change to the rights and status of EU citizens living in the UK, nor UK nationals living in the EU before exit. For EU citizens generally, if you are considered to be ‘exercising treaty rights’ in the UK, or a ‘qualified person’ in the language of The Immigration (European Economic Area) Regulations 2016, you will likely have a right of temporary residence in the UK, or may even have acquired permanent residence if you have been so for five years or more. This means that where an individual has status under the scheme post-30 June 2021, you must conduct their check electronically, and cannot refuse an individual’s application based on them being unable to provide physical proof of their immigration status. There will be granted either settled or pre-settled status to retain their ability to live and work in the UK. For EU nationals coming to the UK after 1 January 2021 for work, they will need to be granted a visa under the UK’s new points-based system. To minimise these risks, all UK employers have a duty to prevent illegal working by carrying out prescribed right to work checks. You also have the option to opt-out of these cookies. Review EEA workers’ right to work checks and ensure all retained document copies satisfy the requisite format. Skilled migrants from the EU looking to work in the UK must achieve at least 70 points to be eligible for the Skilled Worker visa. They have a genuine job offer from a UK licensed sponsor under the points-based system, They speak English to the required standard, The job being recruited for is at the minimum required skill level of RQF3 (A level equivalent) or above – which is a lower skill level than under the previous Tier 2 visa route. We’ll send you a link to a feedback form. As such, the consequences of non-compliance can be extremely serious.
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