Brexit Hub

The Home Office have advised that retrospective checks for existing employees that hold a European passport will not be required. Updated guidance is anticipated to be released shortly before July 2021.

Caution should be taken when asking for proof of right to work. If it is your company’s process to divert applicants to share their right to work documentation through the UKVI Online Right to Work Check service, this will allow you to identify those who have not secured status under the EUSS (EU Settlement Scheme).

Applicants should not be excluded from the recruitment process on this basis alone, as protection against a Civil Penalty can be secured where a passport is presented as proof of right to work.

Asking for any further documentation should be discussed with your employment counsel.

You are able to rely on an EU passport or ID card for new EU hires from 01 Jan 2021 until 30 June 2021. Whilst this is an acceptable right to work during this time, guidance has not yet been released on acceptable evidence from 30 June 2021 onwards and could also put employers in a sticky situation, as the employees themselves may not have valid underlying status authorising them to reside and work in the UK.

Absences from the UK for EU nationals may impact their continuous residence in the UK, depending on how long individuals are spending outside of the UK. There are specific concessions on this point outlined here.

A sponsor is required to retain evidence for all Tier 2 General employees who were subject to the RLMT prior to December 2020.

For Skilled Workers sponsored from December 2020, evidence a of genuine vacancy is required under Appendix D of the Sponsorship Guidance. This can include evidence of a genuine recruitment campaign or alternative methods as detailed within the Guidance.

No - this has automatically been transferred into the Skilled Worker/ICT licence.

For those currently holding a UK work visa under Tier 2 General or ICT, there are minimal changes. If and when they come to extend, they would fall under the new system - eg. Transition from Tier 2 to Skilled worker.

Yes, that is correct. The relevant checklist can be found here: Download

Currently, employers cannot mandate that their employees apply via the EUSS scheme, but they can guide them on how to do so if they wish. Guidance has not yet been released on the status of individuals who have not applied by the deadline, but unless there is an extenuating circumstance preventing them to do so, in theory impacts could include not being able to show evidence of lawful status that may be required to access certain healthcare, prove a right to rent to a landlord or evidence status should they seek to change employment.