Right-to-work check guidance updated

The Home Office has updated its employer guidance for right-to-work checks for European Union Settlement Scheme (EUSS) applicants.

Key Points:

• The updated guidance temporarily protects EUSS applicants and their family members who submitted applications after the June 30 deadline from losing their working rights and residence while the government processes their applications.
• EUSS applicants and family members may now seek new employment while they wait for an application determination.
  • Before employment starts, employers should use the Employer Checking Service and the prospective employee’s Certificate of Application to confirm a valid application was submitted on or after July 1.
• The guidance added more documents that EUSS applicants can use to meet the right to work requirements. The additions can be found in List B of Annex A here.

Additional Information: EEA citizens and family members must have valid immigration status in the U.K. From July 1, aside from Irish citizens, such individuals can no longer use their EEA passport or identity card to prove their right to work. Due to COVID-19, the Home Office has recently extended the temporary right to work check measures, allowing employers to continue checking right to work documents online.

BAL Analysis: Employers should review the recently published guidance and note the new acceptable documentation for right to work checks to ensure they are adhering to correct practices and procedures. BAL will continue to follow these changes and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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