With Brexit now in place, there are a number of important obligations and considerations for employers when it comes to their workforce. Here are some essential resources covering the Right to Work process, the new immigration system and more to keep your background and identity programs in check.
Brexit: What Employers Need to Know
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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.
With a new immigration system in place and potential changes on the horizon, it’s important for employers to stay abreast of new developments.
We’ll continue to keep you updated with helpful resources as the Brexit landscape unfolds. To learn about the impact of Brexit on your background or identity program, please watch our webinar or contact us with questions.
Sterling’s UK Right to Work ID Verification checks a candidate’s identity documents using a unique combination of artificial intelligence and, as required, expert human review, to validate documentation. The result is a service that helps to speed up screening and hiring, provides a better candidate experience, and reduces fraud all at once.
It’s important when you look at your EU national population to reassure them that they can stay here, educate them on the settlement scheme here in the UK and direct them on how to make those applications – give them the resources.”
Sterling’s UK Right to Work ID Verification service provides a seamless candidate experience and has been designed with flexibility and compliance in mind as we navigate Brexit.”
Managing Director EMEA
Right to Work is applicable for anyone that works for your organisation, whether or not they are sponsored, hold a visa, British National or Irish etc.”
A Message from Josh Peirez
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Sterling’s UK Right to Work ID Verification was developed with compliance in mind and will automatically incorporate future Brexit legislation. Click the option that best describes you.