Jul21

Right to Work Checks

How to conduct a Right to Work Check?

Manual or Online.

Penalties for failing to carry the appropriate checks

Employers failing to carry the appropriate checks may become liable for a civil penalty of up to 20,000 GBP per illegal worker.

Online check

Applies to employees who hold an eVisa, a digital proof of their immigration status and to most of the EU citizens.

Online Checks can be done via the below link:

https://www.gov.uk/employee-immigration-employment-status

Manual check

Applies to UK and Irish nationals where they can use their passports or other viable documents to prove their right-to-work.

However manual checks can also be used for individuals in the UK who do not have access to their immigration status online.

Acceptable documents to conduct a right to work check

The right document should be considered while carrying a right-to-work check.

The list of acceptable documents is online and can be accessible at:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/999119/FINAL_Employers_Guide.pdf

EU Settlement Scheme (EUSS) and Right to Work

If an EEA citizen applies for a job after 30 June 2021; employers will not be able to continue employ EEA citizens who did not apply for EUSS since they will not pass the Right to Work check.

If an EEA citizen was employed by you prior to 30 June 2021 but has not applied for the EUSS, please check whether any transitional measures (in place until 31 December 2021) have been taken before terminating their employment.

If the follow-up check confirms that the application is pending, you will be given a further PVN for six months.

Immigration Enforcement: 28-day notice

As from 01st July 2021, if the Immigration Enforcement authority come across EEA citizens or their family members, who are working without status, they will be given a written 28-day notice before any action is taken. This will allow individuals to apply for the EUSS by demonstrating any reasonable grounds for missing the deadline.

If they do not make an EUSS application, they may be denied of services in the UK and they may also be required to leave the UK.

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