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The Way You Hire From the EU Has Changed - Right to Work Checks

Freedom of movement between the UK and EU ended on 1 January 2021 and the UK implemented a points-based immigration system. The system has skill, salary and language requirements that change the way you hire from outside the UK. This does not apply to Irish citizens.

The system allows UK employers to sponsor and recruit skilled workers from around the world through a variety of immigration routes.

Additionally, the UK Home Office has produced a new video to help employers with the new ‘right to work check’ process which began on 1 July 2021. The video guides employers through the new process, including details of what applicant information and identity documents are required for each type of check and links to further information.

Employers are no longer able to accept EU passports or ID cards as valid proof of right to work for new staff, with the exception of Irish citizens. Instead, you should conduct an online check for job applicants that hold digital proof of their immigration status in the UK, known as an eVisa. This applies to most EU citizens, including those with settled or pre-settled status, those with a Hong Kong BNO visa and some other nationalities who have moved to the UK more recently under the points-based immigration system.

A manual check can be completed for UK and Irish nationals who can use their passport, or other identity document, as proof of their right to work. You will also need to complete a manual check for individuals in the UK who cannot prove their immigration status online.

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

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