Right to Work Check Guidance Updated
June 23, 2021
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At a Glance
- The Home Office has updated employer guidance for right to work checks.
- Acceptable documents (List A and List B) for valid right to work checks from July 1, 2021 have been added.
- Guidance has been provided regarding late applications to the EU Settlement Scheme after June 30, 2021.
The situation
Following the publication of the Draft Code of Practice on Preventing Illegal Working, the Home Office has issued updated guidance in Employer right to work checks supporting guidance.
A closer look
- Acceptable documents: List A and List B. A list of acceptable documents to conduct a valid right to work check from July 1, 2021 has been added at Annex B. European national employees will no longer be able to rely on passports and national identification cards to demonstrate a right to work; evidence of status and pending applications under EU Settlement Scheme (EUSS) will need to be provided. Frontier worker permits have also been added as an acceptable document. Note that for Irish nationals, passports remain sufficient evidence of right to work.
- Late EUSS application concession. Guidance has been provided where an employer identifies that a European national (employed prior to June 30, 2021) has not applied for status under the EUSS after the June 30, 2021 cut off. Once aware of the failure to apply, the employer does not need to cease employment but should direct the European national to file an application within 28 days. The employer should then follow the process set out in the guidance to obtain a copy of the Certificate of Application and contact the Employer Checking Service (ECS) to obtain a Positive Verification Notice (PVN). This process can be followed until December 31, 2021.
- Process from September 1. As a reminder, temporary right to work check measures, allowing for entirely virtual right to work checks, will come to an end on August 31, 2021.
Impact
- Be prepared for regular right to work checks. Employers should review internal processes to ensure that they are clear as to what documentation will be acceptable from July 1, 2021.
- Contact Fragomen. Our dedicated Compliance & Audit team is available to discuss, review and assist with changes to a company’s sponsorship and compliance programme.
Background
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 offence to knowingly employ a foreign national without the right to work in the United Kingdom.
Access Fragomen’s dedicated page for COVID-19 updates for current information.
Looking ahead
Employers may wish to remind their employees of the requirement to apply for status under the EU Settlement Scheme before the June 30, 2021 deadline.
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 guide to ensure checks are valid.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
