Brexit materials—right to work checks

The following Immigration practice note provides comprehensive and up to date legal information covering:

  • Brexit materials—right to work checks
  • Background: Brexit and the EU Settlement Scheme
  • Brexit and the EU Settlement Scheme
  • Brexit and right to work checks
  • Position on right to work checks during the transition period
  • Right to work checks during the six-month grace period (1 January 2021 to 30 June 2021)
  • Some issues in relation to checks taken before the end of the grace period
  • Right to work checks taken on or before 30 June 2021 where employment commenced thereafter
  • EEA citizen employees not having, or losing, the right to work
  • Irish nationals
  • More...

Brexit materials—right to work checks

This Practice Note seeks to address some of the uncertainty surrounding employer right to work checks on European Economic Area (EEA) nationals and their family members following Brexit.

For the purpose of this Note, EEA citizens are defined as nationals of all remaining 27 EU Member States (excluding the United Kingdom), Liechtenstein, Norway and Iceland. Although Switzerland is not a member of the EEA, it is treated, for the purposes of EU free movement law, as if it was.

Background: Brexit and the EU Settlement Scheme

Brexit and the EU Settlement Scheme

EEA citizens and their family members previously benefitted from EU free movement rights, which were primarily implemented in the UK by the Immigration (European Economic Area) Regulations 2016 (the EEA Regs 2016), SI 2016/1052. In line with the Withdrawal Agreement reached between the EU and the UK, and the equivalent agreements reached with Norway, Iceland and Liechtenstein and Switzerland, these Regulations continued to apply in full throughout the transition period in force after the UK left the EU (ie between 11 pm on 31 January 2020 and 11 pm on 31 December 2020).

As such, EEA citizens and their non-EEA citizen family members who had a right to enter and reside under the EEA Regs 2016, SI 2016/1052 continued to be able to do so until 11 pm on 31 December 2020. For

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