Employers – Changes to right to work checks from 1 July 2021

Following the 30 June 2021 deadline for applications to the EU Settlement Scheme, the process for completing right to work checks on EU, EEA, and Swiss citizens has now changed.

Employers can no longer accept EU passports or ID cards as valid proof of right to work, with the exception of Irish citizens. Instead, you need to check a job applicant’s right to work online.

To carry out an online right to work check, you will need the applicant’s date of birth and their share code, which they will have obtained when they proved their right to work online.

You do not need to retrospectively check the status of any EU, EEA, or Swiss citizens you employed before 1 July 2021.

There may be situations in which you identify an EU citizen in your workforce who has not applied to the EU Settlement Scheme by the deadline and does not hold any other form of leave to remain in the UK. Where an EU citizen has reasonable grounds for missing the application deadline, they will be given a further opportunity to apply. Full guidance has been published on the steps you should take as an employer (Annex B) if this situation arises.

You should carry out a right to work check for every individual you employ. Employers can face a civil penalty of up to £20,000 for each illegally employed worker who does not have the right to work in the UK and where correct checks were not undertaken.

If you have any doubts about your employee’s (or prospective employees) status we strongly recommend that you follow the links to the wizard on the Gov website, for any other payroll help or assistance please call us on 0345 177 5500 or use the online chat.

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