The Home Office has issued an updated Employer’s guide to right to work checks. The biggest change is that the Home Office no longer requires employers to carry out repeat checks on holders of pre-settled status under the EU Settlement Scheme (EUSS). Therefore, employers only need to carry out right to work checks on individuals with pre-settled or settled status granted under the EUSS at the commencement of their employment, and not as a continuing obligation throughout employment as was the case previously.
The updated guidance also gives some context to the replacement of biometric residence permits with eVisas and when follow-up right to work checks are required.
By way of reminder, all biometric residence permits will expire on or before 31 December 2024, and if an employee has time limited immigration permission and their right to work check was carried out manually before 6 April 2022, a repeat right to work check will need to be carried out before the expiry of the document used in order to maintain a statutory excuse from liability from criminal and civil penalties.
However, this may not be possible until the employee has an eVisa, which individuals with biometric residence permits are currently being invited to access in phases by email. It is therefore essential that there is clear communication between employers and impacted employees regarding this, and that there is a clear plan in place to ensure that checks are carried out on time.
For a seamless transition and compliance, ensure you review and update your right to work checks today. Please do not hesitate to contact the employment team at employment@glaisyers.com for guidance on all employment matters.
