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Proof of Eligibility to Work Changes

New legislation coming into effect 1st July 2021

From 1st July 2021, in order to work in the UK, new EU, EEA and Swiss nationals will have to prove their immigration status rather than their nationality.

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Right to Work Documents

From 1st July 2021, any applicants who are EU, EEA or Swiss Citizens (excluding Irish) will no longer be able to use their passport or national identity card to prove their right to work in the UK.

Instead, employers must check their right to work by using a share code and the applicant’s date of birth.
Our Workforce Management (WFM) system has been updated to include new Proof of Eligibility options for both Settled and Pre-Settled status. For information about these additional options, customers can log into the Customer Portal.

For applicants from outside of the UK who are not EU, EEA or Swiss, details about their appropriate right to work documents can be found here*.

Please note: gov.uk are soon to publish further information, that can be found here.

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Maintaining Proof of Eligibility within WFM

It is recommended that the proof of eligibility (POE) within WFM is reviewed and updated regularly to ensure it meets the Home Office requirements. Guidance on how to create and maintain POE can be found here.

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Recruiting from outside the UK

Anyone recruited from outside of the UK (excluding Irish citizens) who have not applied for the EU Settlement Scheme by 30th June 2021 will need to meet certain requirements and apply for permission to work first. There are different requirements for each visa type. Details of visa types, and associated requirements can be found here.

Further information and guidance on the different requirements can be found here.

Employers should consult the Home Office before employing a foreign national who is not settled in the UK to ensure that they are legally entitled to undertake the work offered.

Please note: All Employers will need a sponsor license to hire most workers from outside of the UK.

Disclaimer
The materials available at this website are for general informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any issue or problem particular to your situation. Use of and access to this site or any of the e-mail links contained within the site do not create an attorney-client relationship between Fourth and you or any other user or browser. The opinions expressed at or through this site are the opinions of the individual presenter based on the information provided on governmental websites and should not be acted upon without first seeking specific guidance from your attorney. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed.

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