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Key Points

  • The changes are expected to be implemented starting July 1, 2021. Compliant right to work checks made prior to this date are expected to be conducted under previous guidance
  • The draft code addresses EEA nationals who have applied for status under the EU Settlement Scheme (EUSS) and makes clear which documents are necessary to complete Right to Work checks
  • EEA Nationals will need to provide proof of status or evidence of a pending application under the EU Settlement Scheme
  • If an employer finds that an EEA National employee has not applied for the EUSS after June 30th, employers should direct the employee to apply as soon as possible
    • It should be noted that the employee does not have to cease working
    • Upon applying, the employer must obtain a copy of the certificate of application and contact the Employer Checking Service (ECS) to receive a Positive Verification Notice (PVN)
    • List A and B documents have been slightly changed to the following
      • EEA national passports and national identification cards are no longer able to be evidence for Right to Work checks, except for Irish nationals for whom there is a separate entry in List A
      • Frontier worker permits have been added to the list of acceptable documents


After the UK published a draft version of the 2021 Codes of Practice for Employers, updated guidance was provided for UK Right to Work checks. Changes have been made to accept documents in lists A and B, as well as the procedure for EEA Nationals who have submitted applications for the EU Settlement Scheme.

Looking Forward

Employers should note that starting September 1, 2021, Right to Work checks can no longer be carried out virtually.

Source: UK Home Office

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