United Kingdom: Right to Work Check Guidance Updated for European Union Settlement Scheme Applicants

• Protected residence and working rights.  EUSS applicants and their dependents who submitted late applications after the June 30, 2021 deadline will continue to have their UK residence and working rights protected while their applications are pending. However, such applicants must hold a Certificate of Application confirming they made a valid application under the EUSS on or after July 1, 2021.
• Expanded documents accepted as evidence of right to work. The Home Office is now allowing a Certificate of Application issued to an applicant under the EUSS on or after July 1, 2021, together with a Positive Verification Notice from the Home Office Employer Checking Service to be considered acceptable proof of the right to work.

• Update internal Right to Work procedure documents. Employers should review internal process and procedure documents to ensure that they reflect the updated documentation which are acceptable for checks conducted on or after August 31, 2021. This is also critical due to the further extension of the COVID-19 temporary right to work check measures.
• Consider providing staff refresher training on the updated guidance. Employers should ensure all staff who conduct Right to Work checks are familiar with the documents they must request from European Economic Area (EEA) nationals and how these checks can be carried out, including the Online Right to Work Check Service and rules applying to late EUSS applicants.
• Contact Fragomen. Our dedicated Compliance & Audit team is on hand to discuss, review and assist with navigating these changes, assist in amending a company’s Right to Work checking procedures and compliance program, and provide training where needed.

• Continued UK work and residence rights. Since late EUSS applicants will have their UK working and residence rights protected while their applications are pending, this will allow for their on-going right to work to be evidenced upon request.

• Right to work checks. Right to work checks are a mandatory part of the employee hiring process in the United Kingdom. Employers must consider the date that they check right to work documentation to ensure that the documentation verified is in line with the employer guidance at the relevant time. It remains an offense to knowingly employ a foreign national without the right to work in the United Kingdom.
• EUSS after Brexit. Following Brexit on December 31, 2021, a six-month grace period, until June 30, 2021, was granted to enable eligible individuals to apply under the EUSS, granting them continued residence and work authorization. Since July 1, 2021, EEA citizens and their family members have been required to hold a valid immigration status in the United Kingdom, in the same way as other foreign nationals.

Employers must review internal processes and be aware of the permissible documentation that they review as part of their right to work checks to ensure they are acceptable. Employers should continue to check the prescribed documents set out in the Home Office’s employer guidance to ensure checks are valid.