Post Brexit - Right to work checks

17 December 2020 | Shabir Karatella

From 1st January 2021, freedom of movement between the UK and European Union will end. It will be replaced with a new point-based immigration system. The new system will not differentiate between EU and non-EU nationals, and the aim is to attract and retain skilled workers who will contribute to the UK economy. The new system will not apply to Irish citizens – they simply need to produce their passport to prove their entitlement to work in the UK. Note that the exact rules and regulations have not been published, and this article in intended as a merely guide.

Visa

From 1st January 2021, EU nationals will need to apply for and obtain a work visa. There will be two types of visas;

  • Skilled Worker Visa. Applicants will need to show that they have a job offer from an employer/sponsor, that they hold a skill at the required level, that the salary will meet the required threshold and that they can speak English.
  • Global Talent Scheme Visa. This will allow highly skilled scientists/researchers to enter the UK without a visa.

Employers should provide their EU and EEA workers with clear and advance information and recommending that they and their families register with the EU Settlement Scheme by 30th June 2021 so that they can continue living in the UK. EEA nationals already living in the UK as at 31st December can apply for s settled or pre-settled status under the Scheme. Which status they get is determined by how long they have been present in the UK

With all this in mind, it is important that HR recruiters and administrators maintain a compliant right to work checks and procedures. As more and more information is issued and published, it is crucial employers keep abreast of these developments and update their procedures.

EU Settlement Scheme

You need to apply if:

  • you’re an EU, EEA or Swiss citizen
  • you’re not an EU, EEA or Swiss national, but your family member is, or is an eligible person of Northern Ireland

Who else can apply?

  • you used to have an EU, EEA or Swiss family member living in the UK (but you’ve separated, they’ve died, or the family relationship has broken down).
  • You’re the family member of a British citizen and you lived outside the UK in an EEA country together.
  • you’re the family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship.
  • you have a family member who is an eligible person from Northern Ireland.
  • you’re the primary carer of a British, EU, EEA or Swiss citizen.
  • you’re the child of an EU, EEA or Swiss citizen who used to live and work in the UK, or the child’s primary carer.

(Source: www.gov.uk)

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