Changes to right to work checks from 1 July 2021

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

To check for the right to work, employers will have to check for the right to work online of a job applicant’s as valid proof and can no longer accept EU passports or ID cards. This will be the exception for the Irish citizens.

Applicant’s date of birth and their share code will be needed that they will have obtained when they proved their right to work online to carry out an online right to work check. If you have employed any of the EU, EEA, or Swiss citizens before 1 July 2021 then you don’t need to retrospectively check the status of any.

It is totally upon the employer to identify whether an EU citizen in the workforce has applied to the EU Settlement Scheme by the deadline or not. They will also need to check that they should not hold any other form of leave to remain in the UK. An employer might be charged a 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.

However, an EU citizen will be given a further opportunity to apply again if he has reasonable grounds for missing the application deadline.