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EU citizens – right to work checks

The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit.

Employers should conduct right to work checks on EU, EEA and Swiss citizens in the same way as now until 1 January 2021. The government has stated that this will remain the same even if the UK leaves the EU without a deal. These citizens will have the right to work in the UK and prove their right to work until 1 January 2021 as they do now by:

  • showing a passport;
  • showing a national identity card; or
  • allowing their employer to use the Home Office’s online right to work check service (provided they have been granted settled status or pre-settled status under the EU Settlement Scheme). Note that employers cannot force employees to use the online service.

The new guidance does not apply to Irish citizens. They will continue to have the right to work in the UK after Brexit and will be able to prove this as they do now eg by producing their passport.

The requirements will change from 1 January 2021 when the single skills-based immigration system comes into force. This system will not distinguish between EU and non-EU nationals. The government will issue guidance in due course.

See commentary by Pinsent Masons and www.gov.uk/guidance/employing-eu-eea-and-swiss-citizens-and-their-family-members-after-brexit.

 

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