Brexit – What this means for Employers and right to work checks
The Brexit transition period is gradually coming to an end, there are new rules in place in the UK from the 1st of January 2021 when the UK leaves the European Union. There are no changes to the way Right to Work checks are undertaken until 30th June 2021, provided that employees arrived in the UK before 1st January 2021.
On the 30th June 2021 employment checks will change and EU and EEA citizens who want to continue living in the UK must have applied to the EU Settlement Scheme. This means that employers will need to see proof of Pre-Settled or Settled Status as part of Employer checks after 30th June 2021.
Pre-Settled status will be granted to those who were resident in the UK by 31st December 2020 but who have lived in the UK continuously for less than five years at the point they apply to the EU Settlement Scheme. Once they apply it means they can remain in the UK for a further five years.
Settled Status is granted to employees who have lived in the UK continuously for more than 5 years at the point they apply to the EU Settlement Scheme. Settled Status means they can remain in the UK for as long as they like, and be eligible to apply for British citizenship.
If you have employees who arrive to live and work in the UK after 1st January 2021, a visa will be required under the UK Government’s new points-based immigration system. These employees will be able to provide you with a ‘check code’ for an online system to prove their immigration and visa status as part of a Right to Work check.
If you would like to discuss employment checks or assistance getting your business ready for Brexit, please get in touch with our Employment Law Solicitor Sasha Brine by calling 07475069698