Brexit materials—right to work checks
Brexit materials—right to work checks

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

  • Brexit materials—right to work checks
  • Background: Brexit and the EU Settlement Scheme
  • Position on right to work checks during the transition period
  • Right to work checks for EEA citizens after the transition period

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 nationals 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 nationals and their family members currently benefit from EU free movement rights under 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 will continue to apply in full throughout the transition period in force after the UK leaves the EU (ie between 11 pm on 31 January 2020 and 11 pm on 31 December 2020). See Practice Note: Brexit materials—citizens’ rights.

As such, EEA citizens and their non-EEA citizen family members who have a right to enter and reside under the EEA Regs 2016, SI 2016/1052 will continue to be able to do so until 11 pm on