You have probably seen in the media that there are new rules for businesses and workers in the UK as of 1st January 2021 when the Brexit transition period came to an end and the UK leaves the European Union. So what does this mean for you as an employer and how do you check whether your existing employees or job applicants have the Right to Work in the UK?

Firstly, until June 30^th 2021 there are no changes to the way Right to Work checks should be carried out, even for employees who are citizens of the EU, EEA countries, or Switzerland, provided that they arrived in the UK before January 1^st 2021.

As the standard process, all employers are required to check that a job applicant has the right to work in the UK before they employ them. These checks can be carried out by either:

• checking the applicant’s original documents or
• checking the applicant’s right to work online.

Please beware, an employer could face a fine if they employ an illegal worker and have not carried out a correct right to work check.

From July 1^st 2021, the UK’s new immigration system comes into force. This system will treat all applicants equally, regardless of where they come from.

Anyone you want to recruit from outside the UK will need to meet certain requirements and apply for permission first (except for Irish Citizens).

The requirements are different for each visa.

You will need to have a sponsor licence to hire most workers from outside the UK.

The new system will not apply to EEA or Swiss citizens you already employ in the UK as long as they were living in the UK on or before December 31^st 2020, Both they and their family members can apply to the EU Settlement Scheme, as long as they apply before June 30^th 2021 apply.

So what should you do now if you employ EU citizen workers?

• Remind current employees who are EU, EEA or Swiss nationals that they and their families should apply to the EU Settlement Scheme as soon as possible, and no later than June 30^th 2021
• After 30^th June 2021 you will need to ask for proof of Settled or Pre-Settled Status as part of Right to Work checks.
• Until June 30^th 2021 you should continue with your current Right to Work checks for all employees who arrived in the UK before January 1^st 2021
• For employees arriving in the UK on or after January 1^st 2021, make sure they have the correct visa as part of their Right to Work checks

Further information can also be found at www.gov.uk.eed our help?