Brexit has prompted the biggest changes to the immigration system in decades, leading to significant changes for employers tasked with right to work compliance checks.
From January 1 2021, the EU Settlement Scheme is currently running alongside the new points-based system, with more changes to consider after June 30.
We're working with Somerset County Council and the district councils to bring fully funded help to individuals and employers. Check out the FAQ under, or contact our team to get more help.
On March 31 2021 we took part in a panel event on the EU transition with Somerset Chamber of Commerce members.
Here are the most asked-for links. Do contact us if your enquiry isn't answered under.
Prove someone’s right to work: www.gov.uk/check-job-applicant-right-to-work
Proving your right to work (citizen): www.gov.uk/view-prove-immigration-status
EUSS for employers overview : www.gov.uk/government/collections/eu-settlement-scheme-employer-toolkit
Diversity Voice: firstname.lastname@example.org www.diversityvoice.org.uk Facebook www.facebook.com/diversityvoice Twitter www.twitter,com/diversity_voice
New points based immigration scheme: www.gov.uk/government/publications/uk-points-based-immigration-system-employer-information/the-uks-points-based-immigration-system-an-introduction-for-employers
Get information about employing someone from outisde the UK (including EU, other EEA and Swiss citizens) www.gov.uk/guidance/recruiting-people-from-outside-the-uk
No. There's no obligation to do anything and you should be careful not to discriminate, but we'd encourage you to consider the implications of doing nothing. Before July 1 2021:
- Don't insist on knowing whether staff have applied.
- Don't advertise jobs for 'only' applicants with EUSS status.
- Be careful not to give immigration advice; this is a regulated activity.
- Do share information; posters and materials for workplace e-screens to help staff to apply.
- Do refer staff who ask for it for help with their application.
- Do consider likely scenarios for July 1: how many EU, other EEA and Swiss citizens are in your team? How will you ensure compliance after that date?
Diversity Voice is working with Somerset County Council and the district councils to provide fully funded advice, publicity materials and direct application support in any language.
NEW EU, OTHER EEA AND SWISS HIRES BETWEEN JANUARY 1 AND JUNE 30 2021
Check whether they were resident in the UK by 31 December 2020. If they were resident by then, they have until 30 June 2021 to apply for status. In the meantime, they can rely on their EEA/Swiss passport or biometric EEA/Swiss National ID card to prove their right to work in the UK. You should not insist on them making an application.
Some EEA/Swiss Nationals who have lived in the UK in the past, for at least 5 continuous years, may be entitled to Settled Status. If their partner is a British citizen or settled in the UK, or has status under the EU Settlement Scheme, they may be able to obtain a visa as a family member. In most other cases they will need a work visa under the Points Based System, but employers must hold a sponsor licence for this.
Settled and Pre-settled Status is confirmed through a digital-only code from www.gov.uk/view-prove-immigration-status. Holders may have had a letter of confirmation sent to their physical address, but this is not proof of right to work. Non-EU/EEA/Swiss family members will have a biometric residence card.
ALL NATIONALITIES AFTER JUNE 30 2021
You will need to use the new check system here for applicants from any country.
EXISTING EU, OTHER EEA AND SWISS STAFF BEFORE JUNE 30 2021
There is no requirement to do anything.
EXISTING EU, OTHER EEA and SWISS STAFF AFTER JUNE 30 2021
There is a requirement to both ensure you are not employing staff illegally, and yet be mindful of indirect discrimination. Yes, this is a grey area, and we are awaiting clarity. Current guidance says both that "You could face a civil penalty if you employ an illegal worker and have not carried out a correct right to work check" and " You will not need to make retrospective checks for existing employees".
For either, an applicant must have been resident in the UK before 11.59pm on December 31 2021.
Settled Status may be offered to applicants who can show they were resident in the UK for 5 years.
Pre-Settled Status may be offered to applicants who were resident for less than 5 years.
Both confer similar rights. However, Pre-Settled Status will lapse if it isn't converted to Settled Status at the end of the term. It may also be lost if the holder fails to meet ongoing residency requirements, which are different for each Status. Status may also be lost if the holder leaves the UK; the length of time is different for Settled and Pre-settled status.
It's worth remembering that as at some point in the future, employees with lapsed Pre-Settled Status may not have the right to work.
You'll find basic information about the EUSS here in multiple languages, however the application form is in English.
The Diversity Voice team is multilingual, and can provide posters and e-materials in any language. We also offer on-site presentations and 1:1 help to apply in any language.
Our OISC-registered advisors can help those who are having difficulty with the application process. We can arrange meetings in neighbourhood settings, or drop in to the workplace.
Download promo materials in multiple languages from this page, or call us if you need something different.
Downloads are available under, or follow us on Twitter or Facebook to share EUSS info with staff.