No changes to Right to Work checks for EU, EEA and Swiss citizens until 2021
09 April 2019
The Home Office has published guidance on Right to Work checks for employers of EU, EEA and Swiss citizens and their family members working in the UK after Brexit.
If the UK leaves the EU
If the UK leaves the EU, Rights to Work checks will be conducted in the same way for EU citizens until 1st January 2021.
Leaving the EU with a deal
Prospective employees that arrive in the UK before 31st December 2020 will have until 30th June 2021 to apply to the EU settlement scheme to continue to have lawful status in the UK.
EU, EEA and Swiss citizens arriving in the UK after 1st January 2021 will need to apply to the Home Office for status under the new revamped immigration system.
Leaving the EU without a deal
EU, EEA and Swiss citizens and their family members who enter the UK before the UK leaves the EU will be able to apply to the EU settlement scheme to live and work in the UK. The application deadline will be 31st December 2020 with no application fee.
Once the UK leaves the EU the freedom of movement will end but there will be a transitional period until 1st January 2021. EU, EEA and Swiss citizens arriving for the first time in the UK during this period will be able to work for 3 months or less at a time without needing to apply for status. EU, EEA and Swiss citizens who want to work in the UK for longer than 3 months during this period will need to apply for European temporary leave to remain. They will then be able to live and work in the UK for 36 months from the date their leave is granted.
Aspire Comment
Regardless of when and how the UK leaves the EU, employers do not need to change the way in which they carry out right to work checks for EU, EEA and Swiss citizens until 1st January 2021. New guidance will published in due course explaining how to carry out Right to Work checks from 1st January 2021.
To read the full guidance click here.