Q&As

After the end of the transition period, when EU nationals will be required to have settled or pre-settled status to have the right to work in UK, will employers be required to check the right to work as part of their ongoing obligations, or are there any specific obligations on employers in relation to employees successfully applying under the EU Settlement Scheme?

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Published on LexisPSL on 03/11/2020

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • After the end of the transition period, when EU nationals will be required to have settled or pre-settled status to have the right to work in UK, will employers be required to check the right to work as part of their ongoing obligations, or are there any specific obligations on employers in relation to employees successfully applying under the EU Settlement Scheme?
  • EEA national employees not having, or losing, the right to work

After the end of the transition period, when EU nationals will be required to have settled or pre-settled status to have the right to work in UK, will employers be required to check the right to work as part of their ongoing obligations, or are there any specific obligations on employers in relation to employees successfully applying under the EU Settlement Scheme?

Practice Note: Brexit materials—right to work checks looks at the current position as regards employing EEA nationals during and after the end of the transition period, on 31 December 2020. The following response is made of up relevant extracts from that Practice Note.

The relevant statutory regime covering illegal working requires an employer to undertake right to work checks prior to the commencement of employment of all new employees, if they are to obtain a statutory excuse against any future civil penalty. Where a new employee has immigration permission, or an EU right of residence, which is not unlimited in nature, the employer will be required to undertake further follow up checks. For full details on the illegal working regime, see: Employers' duties—overview.

As a result of the continuation of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, during the transition period, there is no change to the underlying legal basis of residence for EEA nationals and their family members for that period. They

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