The 01st July 2021 saw the end of the grace period for EU citizens to apply to the EU Settlement Scheme, and the introduction of significant changes for employers to carry out Right to Work Checks for EU citizens wanting to work in the UK.
It is no longer sufficient for an employer to just check and obtain a copy of an EU citizens Passport or ID card to verify eligibility to work and secure a statutory excuse, although it can still be good practice to keep a copy on file. Businesses must now conduct an online check for all prospective EU employees via the employer’s portal on the GOV.UK website, this can be done with the use of a candidate’s date of birth and a unique share code which can be obtained either from the applicant, or by direct e-mail from right.to.work.service@notifications.service.gov.uk
The Home Office has updated their Right to Work Checklist and this can be found via the link: https://www.gov.uk/government/publications/right-to-work-checklist
As with most changes in legislation, the new process is bound to create additional challenges to start with, as of course not all candidates will be aware of the changes, and they may not know how to obtain the share code. The good news is, for once it is a very straight forward process which can be done via the applicant’s portal on the GOV.UK website. All applicants are required to keep their details updated on the portal should any of them change (for example when they obtain a new Passport or ID).
It is worth noting that there is currently a backlog of EUSS applications awaiting decisions from the Home Office. In these cases businesses can support themselves with the Employers’ check online service via the GOV.UK website to obtain a Positive Verification Notice to be able to employ the candidate whilst they await a decision on their application.
Hopefully, the new processes will quickly become the norm for both candidates and employers alike.
This article is featured in the August edition of the Dorset Business Focus magazine. Read on the online version here.