Home Office publishes "right to work checks" that will apply post Brexit

The UK is due to leave the EU on 12 April 2019* by automatic operation of law unless the Government's  beleaguered Withdrawal Agreement is passed or something else happens before that date.

Many employers have contacted us to ask whether they need to change the way they carry out "right to work" checks for EU candidates and existing staff, particularly if the UK leaves the EU without a deal.

The Home Office yesterday published advice which confirmed that you won't have to make any changes to the way in which you conduct right to work checks provided these comply with the exiting codes of practice on the prevention of illegal working (last updated on 28 January 2019). 

Specifically, you don't need to differentiate between EU, EEA and Swiss citizens and their family members who were resident in the UK before or after the UK leaves the EU.

Here's the detail. 

Irish citizens will continue to have the right to work in the UK and prove their right to work as they do now, for example using their passport.

Until 1 January 2021, EU, EEA and Swiss citizens will continue to be able to prove their right to work in the UK as they do now, for example by showing a passport or national identity card

Alternatively, they can use the Home Office online service if they’ve been granted status under the EU Settlement Scheme - but you can't force them to do so. You can view their status through the Home Office online service once they’ve given you their date of birth and unique share code. You’ll need to keep a record of this check.

Note: You don't have to check whether your existing employees have status under the EU Settlement Scheme.  

Need more information? 

Please contact our specialist employment lawyer Sybille Steiner.

*Recently extended to 31 October 2019.