Search

How can we help?

Icon

Right to Work Checks for EU Workers pre and post Brexit

There has been a tornado of confusion in the build up to Brexit for employers. Adding to this confusion is the question whether there will be any changes to right to work checks for EU nationals pre and post Brexit? In short, the answer is that there will be no significant changes until 1 January 2021, when the new skills-based immigration system will be implemented.

Why is this so important?

All employers, irrespective of size or sector are required to prevent the employment of illegal workers. An employer has a duty to ensure that they only employ people who have permission to do the work in question. If an employer carries out document checks correctly and in accordance to the government’s guidance, they will have a statutory excuse against a liability for a civil penalty. This means that if UK Visas & Immigration find that an organisation have employed someone who does not have the right to work, but they have correctly conducted document checks, they will not receive a civil penalty for that worker.

If an employer fails to adequately carry out a right to work check and are found to have employed an illegal worker, they can face robust sanctions including:

  • A civil penalty of up to £20,000 per illegal worker
  • A criminal conviction carrying a prison sentence of up to 5 years and an unlimited fine
  • Closure of the business and an application for a court compliance order
  • Disqualification as a director
  • Not being able to sponsor migrants

Current system

Currently EEA and Swiss nationals can simply provide their passport or their national ID card as evidence of their right to work in the UK. Those who have been granted status under the EU Settlement Scheme can provide their Unique Application Number (UAN) as proof of their right to work in the UK. Even though employers may use this unique number to check the employees right to work, it is not essential as of yet as a valid passport or national ID card will be an acceptable right to work document until the end of the implementation period, 31 December 2020.

Family members

For family members of EEA and Swiss nationals, they will still need to provide their passport and proof of right to work in order to work in the UK. Proof of right to work may include a residence permit, a document certifying permanent residence or a UAN if they too have applied under the EU Settlement Scheme.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

All employers, irrespective of size or sector are required to prevent the employment of illegal workers.

Post-Brexit

It is only from 1 January 2021 that a UAN number will be essential to evidence an EEA or Swiss national’s right to work because free movement will end. This will be the same for family members.

No-deal Brexit

In the event of a no-deal Brexit, EEA and Swiss nationals will be able to enter and reside in the UK for a temporary period of 3 months. If they would like to stay in the UK for more than 3 months, then they will need to apply for European Temporary Leave to Remain (ETLR). This will be a fee-based application and it will be valid for 36 months. An EEA or Swiss national who had been granted ETLR will not be able to extend their leave in the UK, apply for settlement and switch to the EU Settlement Scheme. They will be able to switch to another visa category once the new immigration system is implemented in 2021. During this period, the EEA or Swiss nationals will need to provide their grant of ETLR as evidence of their right to work in the UK.

If your organisation requires support in implementing a new HR system to accommodate the above changes, then our specialist immigration team are available to assist you through this process.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

Pub
  • 22 September 2023
  • Employment

Talking Employment Law: New family friendly rights

In this first podcast in the ‘Talking Employment Law’ series, Lucy Densham Brown and Rebecca Dowle, members of the employment team summarise some of the big new family-friendly Bills that are working their way through parliament.

art
  • 20 September 2023
  • Commercial Real Estate

Commercial buyers beware of residential Stamp Duty Land Tax

This article discusses a recent case in which a property buyer calculated the Stamp Duty Land Tax due on the purchase at a lower rate, due to the mixed-use purpose of the property.

art
  • 19 September 2023
  • Privacy and Data Protection

Organisations’ use of social media: Data protection

Social media applications (or commonly known as ‘apps’) are being developed all the time and we are constantly being introduced to new social media platforms, some of which take almost no time to gain huge popularity.

art
  • 14 September 2023
  • Immigration

Entrepreneurial Dreams: What is the Innovator Founder Visa?

In an era defined by innovation and entrepreneurship, the United Kingdom has made a substantial effort towards fostering its reputation as a global hub for start-ups and innovators. The introduction of the UK’s ‘Innovator Founder’ route has marked a pivotal moment in the country’s immigration policy.

art
  • 11 September 2023
  • Corporate and M&A

Changes to the tax treatment of Employee Ownership Trusts

The government published a consultation on 18 July 2023 seeking the public’s views on its proposals to reform the tax treatment of Employee Ownership Trusts and Employee Benefit Trusts. Parties are invited to express their opinions via email via the government website until the consultation closes on 25 September 2023.

art
  • 08 September 2023
  • Immigration

Navigating the Latest Immigration Rules for Overstayers in the UK: A Comprehensive Guide for 2023

Staying beyond the expiration of your UK visa is a serious matter that, in most cases, can result in significant and long-lasting repercussions.