JULY 2021
Right to Work Check Amendments
The process for completing right-to-work (RTW) checks changed on 1st July 2021. Employers are no longer able to accept EU passports or ID cards as valid proof of right-to-work (RTW), this is in line with the end of the Brexit grace period. Further information is available within the Home Office’s supporting guidance.
It is essential that all new starters, including individuals engaged on a casual/claims basis do not commence work prior to a right to work check taking place to avoid the University being liable for a civil penalty.
Key Points
- Retrospective checks are not required on the status of any EU, EEA, or Swiss citizens (EU Nationals) employed before 1 July 2021. However, casual workers commencing a new engagement may need to meet the revised RTW rules if there has been a significant gap since their last engagement.
- The majority of EU Nationals will have the option of proving their right to work by sharing their online share code via the Home Office online right to work service.
- Where an individual has been granted ‘Settled Status’ under the EU Settlement scheme (EUSS), they have a continuous right to work in the UK and rechecks are not required.
- Where an individual has been granted ‘Pre-Settled Status’, this is a time limited status, and therefore requires follow-up checks at the appropriate time.
- There are certain groups of EU Nationals who will not have status under the EUSS, and they will be required to prove their right to work using alternative documents, which may include; Frontier Worker Permits; Service Provider of Switzerland visas; Outstanding applications to UK EUSS; Outstanding applications to Crown Dependency EUSS; EEA citizens with Indefinite Leave to Enter / Remain; Points-based system visas
- UK and Irish nationals can continue to evidence their RTW utilising their passport.
- Covid-19 adjusted right to work checks will continue until 31 August 2021, at which point “in the presence of the individual” right to work checks will recommence and further guidance will be issued.
If you have any questions regarding this information please contact cgilliatt@lincoln.ac.uk