We understand that there are backlogs on the part of the Home Office in processing applications and those whose application is still pending after 30 June 2021 may have problems in proving to their employer or landlord that they continue to have the right to live and work in the UK.
We strongly advise that you recommend to your employees that they apply to the as soon as possible if they have not done so already.
It is not mandatory to carry out retrospective Right to Work Checks on existing EU national employees after the 30 June 2021 deadline however there is some ambiguity around what implications there will be for the company if employees have not applied in time and no longer have the right to work. For example, it is not clear whether there would be any grounds for criminal prosecution of an employer if they had reasonable cause to believe that an employee did not have the right to work.
Prior to 1 July 2021 you cannot insist on employees showing you proof of their status under the EUSS however you can ask if they are willing to share proof of their status with you before then. From 1 July 2021 we recommend that you ask employees to provide proof that they have either obtained status or have applied under the EUSS. You must check the right to work for new EU, EEA and Swiss employees that you hire from 1 July. They will need to demonstrate their right to work either with the pre-settled or settled status, or with a visa under the points-based immigration system.
Fieldfisher's immigration team are on hand to answer any questions you may have.
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