Settled and Pre-Settled Status Guidance

What does it all mean?

Settled or pre-settled status is evidence that your employee was residing in the UK prior to the end of the Brexit transition period and so has a right to live in the UK.  So European Union (EU) European Economic Area (EEA) and Swiss citizens who were resident in the UK at the end of 2020 and who are eligible have only until 30 June 2021 to apply for their status under the EU Settlement Scheme (EUSS).  We suggest a reminder to all staff of the changes and encourage them to share with you the outcome of their applications.

They can continue to use their passports and NIC’s as a right-to-work document only until 30 June 2021.

As an employer you must check that all job applicants have the right to work in the UK before employing them, to avoid being liable for a civil penalty.

Currently, you do not need to retrospectively check the status of any EU, EEA, or Swiss citizens you employed before 1 July 2021.

For all new applicants from 1 July 2021, there are two types of right-to-work check: a manual check and an online check.  The type of check you need to conduct will depend on the status of the individual you are employing, and in some circumstances, the individual’s preference.

An online right-to-work check is required for individuals who only hold digital proof of their immigration status in the UK.  This includes most EU, EEA, and Swiss citizens.

To carry out an online right to work check, you will need the applicant’s date of birth and their share code, which they will have obtained online. You can then complete the check online by visiting https://www.gov.uk/view-right-to-work.

A manual check can be completed for UK and Irish nationals who can use their passport as proof of right-to-work.  Employers will also need to complete a manual check for individuals in the UK who do not hold a digital immigration status. Guidance for both online and manual right-to-work checks can be found on https://www.gov.uk/check-job-applicant-right-to-work .

You must carry out a right-to-work check for every individual you employ. Employers can face a civil penalty of up to £20,000 for each illegally employed worker who does not have the right to work in the UK and where correct checks were not undertaken.

If you need any help with any aspect of these changes, please just contact a member of the HR Solutions team who will be more than happy to assist.