Right to work checks for EU Nationals

Right to work checks for EU Nationals

Now that the Brexit transition period has ended, many employers have been asking what they should do about right to work checks for EU nationals.

When I conduct a right to work check, what evidence can I ask for?

There’s a helpful checklist on the Home Office website which includes the steps involved and what evidence you can accept and based on the type of evidence if you need to do a follow up check.

You can find the checklist here.

When I conduct a right to work check, what evidence can I ask for?

There’s a helpful checklist on the Home Office website which includes the steps involved and what evidence you can accept and based on the type of evidence if you need to do a follow up check. You can find the checklist here.


When I’m recruiting a candidate I know is based abroad, can I ask for right to work evidence during the recruitment process?

You should conduct the recruitment process without factoring right to work issues into the decision making process.

If you ask for right to work evidence, especially if you’re only asking candidates you believe to be non-British nationals and you base your decision about progressing a candidate further using the evidence you’re provided with, it could lead to claims of discrimination.


Can I ask to see evidence of settled status?

Until 30 June 2021, you can’t insist on seeing evidence of settled status.

Even on 1 July, you still won’t be able to insist on additional right to work evidence from your existing employees unless you first conduct their check using the Home Office right to work checklist.

The Home Office guidance is very clear that employers cannot insist on EU nationals providing anything beyond their EU passport until 1 July 2021.

 

A word of warning to avoid discrimination allegations

Asking current employees to provide evidence of settled status is a question that should be handled carefully to minimise the risks of discrimination allegations.

The same warning goes for conducting right to work checks that do not discriminate – if you insist on evidence that the immigration rules don’t require, you could be exposed to discrimination claims.

When you carry out right to work checks, you should always conduct them consistently with new starters i.e. you should ask all new starters for evidence, not just those you believe to be non-Brisith.

 

Support with applying for sponsorship licences and employing overseas workers

Whilst support with immigration is one of the few things that falls outside of the affordable monthly price of Primed, we can still assist employers in becoming a licence sponsor and offer support to Level 1 users, HR professionals or other managers who are responsible for ensuring your company’s sponsor licence is operated correctly.

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