Right to Work after 1 July 2021 – Confused?

Is your business employing anyone unlawfully?

The government have published a hefty new guide on changes to Right to Work checks following the launch of the EU Settlement Scheme. As ever it would be helpful if you have a week to read and understand it!

The full guidance can be found at: An employer’s guide to right to work checks (publishing.service.gov.uk)

There are changes to the manual right to work checks with a new list of acceptable documents in place from 1st July 2021.  Employers now need to follow the new document checklist, sign and keep a copy for each new recruit.  The full list of acceptable documents is available to download at Right to work checklist – GOV.UK (www.gov.uk)

The Home Office have published an Employer Partner Pack to help employer’s navigate the UK Points Based Immigration System and recruiting from the EU. Free movement has ended and you need a sponsor licence to hire eligible employees from outside the EU

We turn to some questions that all employers should be asking of their current workforce..

Q: Can you ask a member of your staff if they have applied for EUSS (EU Settlement Scheme)?

A: It is advised to make all your staff aware that the law has changed. Encourage those who are concerned to talk to you. There are steps that you can take to help them if they have not applied for Pre or Settled Status already.

Additional Right To Work verification checks now need to be made for all new employees staring after 1 July 2021. It is important to be clear that the changes to RTW checks apply only to checks carried out on or after 1 July 2021. Retrospective checks are not required for EEA nationals or their families whose right to work was checked by 30 June, even if their employment starts after this date. An employer who has carried out a compliant check will continue to have a statutory excuse against liability for a civil penalty if the employee is later found not to have the right to work in the UK. However, the employer may still have to follow a safe process to terminate the persons employment unless a transitional measure applies.

Q: A staff member did not get around to applying, what can you do?

A: Reassuringly, the Home Office is not intending to prosecute employers who have employed an EEA national on or before 30 June 2021 in good faith, and with a complaint RTW check. The transitional measures put in place by the Home Office instruct employers to do the following:

• Advise the individual to make a late application to the EUSS within 28 days and provide the employer with a CoA (Certificate of Application). If no CoA is received, the employer should commence a safe termination process.
• When the CoA is received, contact the ECS (Employment Checking service) Use the Employer Checking Service – GOV.UK (www.gov.uk) and ask for a PVN (Positive Verification Notice). This may also involve providing evidence of initial Right To Work employment checks.
• Carry out repeat checks before the expiry of each PVN as relevant, until such time as the EUSS application is decided and the individual can verify their EUSS status using an online RTW check.

Q: A new employee due to start work needs to make a late application for EUSS, what should, I as an employer, do?

A: From 1 July 2021, the Home Office advises that an individual should have their status granted and checked.

Further information on the impacts of COVID for applicants is also available: Coronavirus (COVID-19): EU Settlement Scheme – guidance for applicants – GOV.UK (www.gov.uk)

For specific information and guidance, please contact us for help with navigating the complexities of the changes.