11-04-2019
Right to work checks for EU nationals after Brexit

The government has published new guidance which confirms that, once the UK leaves the EU and whether this is with a deal or not, there will be no change to the way EU, EEA and Swiss citizens prove their right to work until 1 January 2021. Irish citizens will continue to have the right to work in the UK and prove their right to work as they do now, for example by using their passport.


This means that:



  • employers should continue to conduct right to work checks on all prospective employees, regardless of their nationality, to establish the statutory excuse against payment of a civil penalty for employing illegal workers

  • when carrying out such checks, employers will not need to distinguish between EU, EEA and Swiss citizens and their family members who were resident in the UK before or after the UK leaves the EU

  • until 1 January 2021, EU, EEA and Swiss citizens will continue to be able to prove their right to work in the UK as they do now, for example by showing a passport or national identity card. Alternatively, they may choose to use the Home Office online checking service if they have been granted status under the EU Settlement Scheme, but employers cannot require them to do so. Employers can view the prospective employee’s status through the Home Office online checking service once the individual has provided their date of birth and unique share code

  • employers do not have to check whether existing employees have been granted status under the EU Settlement Scheme

  • as is currently the case, in order for an employer to establish the statutory excuse when employing the non-EU, EEA or Swiss family member of an EU, EEA or Swiss citizen, the prospective employee will need to show Home Office issued documentation. They may choose to use the Home Office online checking service if they hold a biometric residence card or have been granted status under the EU Settlement Scheme.

From 1 January 2021, new guidance will apply for right to work checks and this will be issued by the government in due course.

Source: Home Office | 11-04-2019

Back

Post a Comment

Your email address will not be published. Required fields are marked *

*

  • ABOUT US

    the accountancy practice kent logo

    The Accountancy Practice is a Kent based firm specialising in small and medium sized businesses. We provide a friendly, professional service and regard our smallest client as important as our largest.
  • Latest News

    18-07-2019
    ICO issues notices of intention to fine BA and Marriott

    Following an ... read more

    17-07-2019
    Reminder to sign up for Making Tax Digital before August

    VAT registered ... read more

    17-07-2019
    Will you have to repay Child Benefit for 2018-19?

    The High Income ... read more

    More news

  • CONTACT US

    The Accountancy Practice
    10 Churchill Square
    Kings Hill
    West Malling
    Kent ME 19 4YU

    01732 897929

    Fax: 01732 897939
    info@theaccountancypracticeltd.co.uk


    Facebook
    Twitter
    Linkedin
  • Why choose us

    By working more closely with you than traditional accountants, The Accountancy Practice is able to gain a deeper understanding of your individual business needs. We are then on hand to support you with day to day issues and provide ongoing financial and taxation expertise. You can think of us as your virtual Financial Director.