Key Points
  • Right-to-work checks will change for Swiss, EU, and EEA citizens following the Brexit transition
  • New right-to-work checks will begin on June 30, 2021
  • Employers may require Swiss, EU, and EEA citizens to verify EUSS status beginning July 1, 2021
  • Swiss, EU, and EEA citizens can verify right-to-work under the current regulations through June 2021
  • Swiss, EU, and EEA citizens living in the UK through December 2020 must apply through the EUSS by June 30, 2021 to maintain their status
  • Swiss, EU, and EEA citizens arriving in the UK on or after January 1, 2021 must obtain a working visa and sponsorship to work in the UK
  • Right-to-work checks for Irish citizens will remain the same
Overview

The Home Office has issued additional guidance for employers on right-to-work checks for Swiss, EU, and EEA citizens in the UK after the Brexit transition. New right-to-work checks will apply after June 30, 2021.

What are the Changes?

Starting July 1, 2021, employers may require applicants to prove their status under the EU Settlement Scheme (EUSS). Until then, Swiss, EU, and EEA citizens can still verify their right to work according to the current regulations with a national identity card or a passport. They can also prove their right to work through an online work-check verification service.

Swiss, EU, and EEA citizens and their family members who are living in the UK by the end of the Brexit transition have through June 30, 2021 to apply through the EU Settlement Scheme (EUSS) to continue living in the UK. On January 1, 2021, the new immigration system requires Swiss, EU, and EEA citizens and their family members to obtain a working visa before moving to the UK. Additionally, they will need an offer of employment from a sponsor before starting work.

Right-to-work checks for Irish citizens will remain the same. Irish citizens can work in the UK through the Common Travel Area arrangement between the UK and Ireland.

Additional Information for Employers and Applicants

The Home Office is expected to release additional information on whether employers can perform retrospective checks on individuals hired between January 1, 2021 and June 30, 2021 who hold status through the EUSS. Further clarification should be provided closer to June 30, 2021.


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