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As an employer you will be aware of the requirement to carry out right to work checks before you employ anyone to work for you but do take care to ensure that you do not discriminate against EU workers in the process and make sure you are ready for the new immigration system, now only a few weeks away.

You will still need to check a job applicant’s right to work in the UK in the same way until 30 June 2021.  Until this date proof of the right to work can be evidenced in the following ways:

The government has also issued guidance for employers carrying out right to work checks during the coronavirus pandemic which includes asking for documents digitally, making checks on a video call and what to do if someone cannot provide any accepted documents.

Do remember, however, that you have a duty not to discriminate against EU, EEA or Swiss citizens. There may well be a temptation to ask EU workers for evidence of their settled status but you must not do this until after 30 June 2021. So do ensure that you continue to treat all workers in the same way as we approach Brexit and beyond.

EU, EEA or Swiss citizens and their family members who are living in the UK before 1 January 2021 need to apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021.

In terms of new staff arriving in the UK after 1 January 2021, a new immigration system will apply and EU citizens will need to get a visa in advance in order to work in the UK.

EU citizens applying for a skilled worker visa will need to show they have a job offer from an approved employer sponsor to be able to apply. Therefore, if you an employer planning to sponsor skilled migrants from 2021 and are not currently an approved sponsor, you should take steps to obtain approval now.

For more information about the UK’s new points-based immigration system on GOV.UK click here.

If you have any questions about right to work checks or the new points-based immigration system, please contact us.

E: enquiries@jma-hrlegal.co.uk / T: +44 (0)1252 821792

HR, Employment Law and Immigration Solicitors

+44 (0)1252 821792

enquiries@jma-hrlegal.co.uk