Right to Work Checks and EUSS Pre-Settled Status Holders

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 31st of December 2024, and if an employee has time-limited immigration permission and their right-to-work check was carried out manually before 6th of April 2022, a repeat right-to-work check will need to be carried out before the expiry of the document used 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 team at info@ukvisas.co.uk for guidance.