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right to work checks after brexit

Irish citizens will continue to have the right to work in the UK after Brexit. Their rights will be different depending on which status they get but in both cases they will be able to work in the UK. This will be the same for family members. Introducing PRO ComplianceThe essential resource for in-house professionals. EU nationals arriving in the UK from this date will not benefit from the free movement rights and the ability to work … Brexit is going to put UK businesses on the front line. ", © Copyright 2006 - 2020 Law Business Research. Employers will not need to make additional right-to-work checks on EU citizens in the event of a no deal Brexit, the immigration minister has confirmed, just days after stating the opposite. This applies even if the UK leaves the EU without a formal withdrawal agreement. Right to work checks are about employing workers legally. In the event of a no-deal Brexit, EEA and Swiss nationals will be able to enter and reside in the UK for a temporary period of 3 months. Latest information from the government suggests that there will be a transitional grace period until 30 June … One of the key issues is EU workers, and how Brexit will affect their Right to Work status in the UK going forward. Post Brexit information for Irish citizens living and working in the UK. ... please check that your passport is valid and in date. Employers must also retain clear records of workers' rights to work in the UK for the duration of the employment and for a period of two years afterwards. It couldn’t be easier to get up and running here. Which status is awarded depends on how long the applicant has been living in the UK at the time of application. Free movement ends in less than two months - what should you be doing? Keep a step ahead of your key competitors and benchmark against them. Disruption will be minimised but there will be some changes. The current guidance states: “You have a duty not to discriminate against EU, EEA or Swiss citizens. They will also be able to prove their right to work as they do now – by using their passport, for instance. A previous Library Insight considered the impact on right to work checks of the now scrapped plan. There will be no change to the way EU, European Economic Area and Swiss nationals prove their right to work in the United Kingdom until January 1, 2021. It’s important, too, to keep an eye out for potential changes to checks for new employees after January 2021. Employers to have transition period before EU right-to-work checks This article is more than 2 years old Sajid Javid contradicts Caroline Nokes on no-deal Brexit immigration procedure No-deal Brexit, free movement and right to work checks. If you are recruiting anyone from outside the UK (including EU citizens) from 1 January 2021, you must comply with the new immigration rules. If they would like to stay in the UK for more … Many of these documents do not allow the person to work. Prior to 31st December 2020 there will be no changes to the way in which individuals from the EU, EEA or Switzerland prove their right to work in the UK. What is clear is that, despite the outcome of Brexit, all Irish citizens are to continue to have the right to work in the UK indefinitely and can prove this right as they currently do, such as through the use of their passport. Information for employers on employing EU, EEA and Swiss citizens in the UK, covering right to work checks, the EU Settlement Scheme and the UK’s new immigration system. If you would like to learn how Lexology can drive your content marketing strategy forward, please email [email protected]. What are right to work checks anyway? These set aside the previous policy that was announced by the Home Office in late August. Right to work checks will remain the same after Brexit Until 1 January 2021, the Home Office has confirmed that right to work checks on EU and EEA nationals will continue as normal, under the processes laid out within the prevention of illegal working guidance published in January 2019, regardless of whether there is an exit with or without a deal It is only from 1 January 2021 that a UAN number will be essential to evidence an EEA or Swiss national’s right to work because free movement will end. On 31 December 2020, the UK is expected to leave the European Union. If an EEA national is living in the UK before 31st December 2020, they can apply for a settled or pre-settled status under the EU Settlement Scheme. With all this in mind, it’s critical that recruiters and HR professionals review their recruitment process to ensure that they can maintain right to work compliance. Irish citizens will continue to have the right to work in the UK after Brexit. The right to travel, live, and work in the UK will not change. No-deal Brexit. They will also be able to prove their right to work as they do now - by using their passport, for instance. Hopefully, you will be able to ask legitimate questions before 1 July 2021, because if you only find that they don't have settled or pre-settled status on or after that date, they are likely to be working illegally and you'll have to act very quickly to investigate, dismiss them (fairly) and avoid penalties. More than 3.7 million applications have been made so far. At a Glance After Brexit, employers in the United Kingdom will need to continue to conduct right to work checks on all prospective employees. In less than five steps it confirms an applicant’s eligibility to work in the UK, as well as storing proof of compliance. That said, there doesn't appear to be any specific penalties if you do ask these questions. They will only be able to apply if they have started living in the UK by 31 December 2020. This remains the same if the United Kingdom leaves the European Union without a deal. December 23, 2020. We also covered a number of common themes that we have gathered from the various questions posed throughout our Immigration webinar series. The Government has stated firmly that EU citizens will not have any automatic right to work in the UK after the Brexit transition period. Become your target audience’s go-to resource for today’s hottest topics. As a reminder, EU, EEA or Swiss citizens and their family members who are living in the UK before 1 January 2021 need to apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. Click here for more information about how we use cookies on our site or read our privacy policy here. Looking for a full screening including right to work software? A full recording of the webinar can be found below. New Home Office guidance on post-Brexit right to work checks also confirms that UK employers will not be required to distinguish before 1 January 2021 between EU, EEA and Swiss citizens and their family members who were resident in the UK before the UK leaves the EU, … Right to work checks for EU nationals after Brexit. This will not distinguish between EU and non-EU nationals, and is designed to attract people who can contribute to the UK’s economy regardless of their place of origin. Hopefully, these will address the question of when you can ask your EU staff about their status. You can find out more about how to carry out Right to Work checks and which documents are acceptable on the government website. EU workers living in the UK by 31 Dec 2020 – can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. Although the Home Office has suggested that EU passports and national ID cards should be accepted as proof of right to work in the UK until 30 June 2021, it is highly recommended that from 1 January 2020 you ask every new recruit, including EU nationals about their UK immigration status (or the date of their arrival in the UK). Understand your clients’ strategies and the most pressing issues they are facing. So, you still need to make thorough and consistent Right to Work checks on new employees and keep appropriate records of those checks. Right to Work checks after Brexit. One certainty is that the current onus on employers to undertake Right to Work checks on all new recruits will remain. Home Office 'risks repeat of Windrush scandal' as employers required to check EU citizens' right to work after Brexit. Types of visas include visitor, student as well as: Employers and HR professionals should provide EEA nationals with regular, clearly communicated support where possible, recommending that such employees (and their family members) register with the EU Settlement Scheme by 30th June 2021 so that they can continue to live in the UK after that date. The UK’s membership of the EU and the rules on freedom of movement mean that people from the EU, EEA and Switzerland have had the right to work in the UK with minimal checks required. Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. However, one thing which is certain is that after the UK leaves the EU, right to work checks will have to change. 31 January 2020. On the 31st December 2020, freedom of movement between the United Kingdom and European Union will end. If you’re running a small business which employs people from outside the UK, it’s something you should be up to speed with. If you are employing someone new, you need to carry out your usual right to work checks. Access Right to Work is an easy to use mobile app and cloud-based management portal. They will also be able to prove their right to work as they do now - by using their passport, for instance. There is nothing to stop you encouraging staff to apply to remain in the UK under the EU settlement scheme and remind them of the deadline for applications - and we recommend you do so. Right-to-work background check UK post-Brexit‍ Non-EU Citizens. Please contact [email protected]. Right to Work Checks and Brexit Posted on September 24, 2019 by admin If you’ve applied for a job in the UK recently, then it’s likely that you were asked to bring a passport to interview. The UK's new immigration rules after Brexit: five things employers should do. The right to travel, live, and work in the UK will not change. A new points-based immigration system will apply to people arriving in the UK from 1 January 2021 and as part of this EU citizens moving to the UK to work will need to get a visa in advance. Last week the Home Office published a new policy paper on post-Brexit EU migration and new guidance on right to work checks. They will be subject to a new immigration policy — see details on the White Paper below. As that date approaches, businesses are starting to think about their 'right to work' audits and what they need to do to make sure that staff from the EU have a legal right to continue to live and work in the UK from 2021. Home Office Clarifies Position As To EU Citizens’ Right To Work Checks After Brexit Posted by: Gherson Immigration It was reported this week that the government was expecting that employers would be required to run “rigorous checks” on prospective employees from the EU in the event of a no-deal Brexit. 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