There are new rules for businesses and workers in the UK from 1st January 2021 when the Brexit transition period comes to an end and the UK continues the process of leaving the European Union.
There are no changes to the way Right to Work checks should be carried out until 30th June 2021, even for employees who are citizens of EU or EEA countries, or Switzerland, provided that they arrived in the UK before 1st January 2021.
All employers are currently required to check that a job applicant is allowed to work in the UK before they employ them. These checks can be carried out by either:
An employer could face a fine if they employ an illegal worker and have not carried out a correct right to work check.
From the 1st July 2021, the UK’s new immigration system will apply. This system will treat all applicants equally, regardless of where they come from.
Anyone you want to recruit from outside the UK, excluding Irish citizens, needs to meet certain requirements and apply for permission first.
The requirements are different for each visa.
You will need to have a sponsor licence to hire most workers from outside the UK.
The new system will not apply to EEA or Swiss citizens you already employ in the UK. EEA and Swiss citizens who were living in the UK by 31st December 2020, and their family members, can apply to the EU Settlement Scheme. They have until 30th June 2021 to apply.
All employers should act now to:
This information is for guidance purposes only. For detailed advice, you should contact an immigration solicitor. Further information can also be found at www.gov.uk.