New right to work guidance

The Home Office published new Right to Work guidance at the end of 2020.

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12/03/2021

Right to Work guidance: Checks after the EU-Exit grace period

The guidance, which was published on 17 December 2020 by the Home Office, highlights that there is no need to do retrospective checks for EU citizens. This is discussed at page 37 of the guidance which is available here.

The guidance confirms that there is no requirement for retrospective checks to be undertaken on EEA or Swiss nationals who were employed on or before 30 June 2021. Providing that employers completed their initial right to work checks in line with the guidance, then employers will have a continuous statutory excuse against a civil penalty.

If an EEA or Swiss national is unable to provide any acceptable document because the person has submitted an outstanding application for status under the EU Settlement Scheme, or under the new points-based immigration system, an employer must contact the Employer Checking Service to be able to use the statutory excuse.

Irish Nationals and further guidance to be published

The guidance also reiterates that Irish Nationals continue to have the right to work and prove their right to work in the same manner as before such as by using their passport.

The guidance notes that new guidance on conducting right to work checks on EEA nationals after 30 June 2021 will be provided in advance of this date.