UNITED KINGDOM: Right to Work Checks on EU Nationals Following Brexit

December 23, 2020

On 31 December 2020, the UK departed the European Union. EU nationals arriving in the UK from this date will no longer benefit from the free movement rights and the ability to work freely in the UK.

As a result, the Home Office has released a brief update for employers on the impact this will have on Right to Work checks undertaken on EU nationals.

The Home Office has confirmed that there is no requirement for retrospective right to work checks to be undertaken on EEA or Swiss nationals, who were employed on or before 30 June 2021.

Therefore, EU national employees before the June 2021 date can continue to evidence their right to work via their passport or National ID Card. All checks must be taken in line with current Right to Work guidance and employers can make use of the Employer Checking Service to undertake their checks.

EU national residents in the UK before the December 2020 date are still expected to apply for settled or pre-settled status before 30 June 2021 to confirm their right to stay in the UK.

New guidance on how to conduct the right to work checks on EEA nationals after 30 June 2021 will be provided in advance of this date.

Our Advice

Employers are reminded to ensure their EU population knows about the need to apply for settled or pre-settled status before 30 June 2021.

For general advice and information on immigration and business travel to the UK, please contact us.