Mandatory Digital Right to Work Checks Framework for EEA/Swiss Nationals

Policy effect

Ended the acceptance of EEA/Swiss passports and national identity cards as evidence of the right to work in the UK. Employers must perform online right to work checks using the Home Office online service (via share codes) or check physical immigration documents under the points-based immigration system. Retrospective checks on employees hired before 1 July 2021 are not required.

Conditions and exceptions

Validated condition or limit: Employers must perform online right to work checks using the Home Office online service (via share codes) or check physical immigration documents under the points-based immigration system.; Retrospective checks on employees hired before 1 July 2021 are not required.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

IDSPs) regarding the use of digital identity verification. 17 December 2021 Updated guide to highlight changes for EEA Citizens and non-EEA family members without lawful immigration status after 30 June 2021, and added Annex E describing changes for biometric card holders. 31 August 2021 Changes to the way those with outstanding applications to the EUSS evidence their right to work and changes to the lists of acceptable documents: a) removal of duplication from list B, group 1, no.5; b) amendment to list B, group 2, no.2 c) addition at list B, group 2, no.5. Extension to the COVID-19 temporary … adjusted right to work checking process. 2 July 2021 Guidance updated with changes to the acceptable document list. Amendments also made to the section on ‘Outstanding UK EU Settlement Scheme applications made up to and including 30 June 2021’ and ‘EEA citizens without lawful immigration status after 30 June’. 18 June 2021 Guidance updated with changes to the way EEA citizens evidence their right to work. 17 March 2021 Updated to provide further guidance for employers on right to work checks for EEA and Swiss nationals during the grace period (1 January to 30 June 2021). 21 December 2020 Updated … work checks: an employer's guide. S1.6. You must stop employing the person if you become aware that their EUSS application has been refused and any application for an administrative review of, or an appeal against, that decision is unsuccessful (and they are otherwise unable to evidence their right to work). EU, EEA and Swiss nationals who started working for you before 1 July 2021 S1.7. You can continue to employ an EU, an EEA or a Swiss national without sponsoring them if they started working for you on or before 30 June 2021, have been employed by you continuously since then and you carried out a right to work check before that date in line with the legislation and published guidance in force at the time you made the check. S1.8. You do not have to carry out a retrospective right to work check on such individuals. You will maintain a continuous statutory excuse against liability for a civil penalty if the initial checks were undertaken in line with the guidance that applied at the time you made the check. S1.9. If, however, you subsequently become aware that a person you are employing in the above circumstances has not yet applied for status under the EUSS, and does not otherwise …

Review method

Two separate automated exact-claim source reviews

Other United Kingdom changes operative in 2021

• 2021-01-31Launch of the Hong Kong British National (Overseas) (BN(O)) Visa Route
• 2021-02-22Increase in Asylum Support Weekly Cash Allowance
• 2021-03-04Student to Graduate Route COVID-19 UK Entry Concession Extension
• 2021-04-06Hong Kong BNO Fee Waiver and Administrative Fee Restructuring
• 2021-04-06Statement of Changes in Immigration Rules (HC 1248)
• 2021-05-21Mandatory Expansion of Academic Technology Approval Scheme (ATAS) to Skilled Worker Route
• 2021-05-25Revised Guidance on Adults at Risk in Immigration Detention
• 2021-06-10EU Settlement Scheme: Revised COVID-19 Continuous Residence Guidance & Concessions
• 2021-06-16Common Travel Area Enforcement Update
• 2021-07-01Amendment to British Nationality Act regarding Appendix EU
• 2021-07-01Mandatory Right to Rent Verification Framework for EEA/Swiss Nationals
• 2021-07-01Setting of Graduate Route Application Fees and Fee Caps
• 2021-08-31Commencement of Mandatory Electronic Monitoring Conditions for Foreign National Offenders on Bail
• 2021-10-01Phasing Out Acceptance of EU/EEA National ID Cards at the Border
• 2021-10-11Replacement of T2 Sportsperson route with new sponsorship frameworks
• 2021-10-11Temporary Seasonal Worker expansion to poultry and food-goods haulage
• 2021-11-01Improved Access to Legal Advice in Detention
• 2021-12-23Swiss Professional Qualification Equivalence Recognition under Temporary Work Guidance