With significant changes to right to work checks taking effect from 1 July 2021, the Home Office has issued guidance for employers who may employe EEA or Swiss nationals. These changes to the right to work checks apply only to checks carried out on or after 1 July 2021, retrospective checks are not required.
The Acceptable Documents Lists have changed. List A documents prove that an individual has an ongoing right to work with no need for a repeat check. List B documents require a repeat check, usually due to the employee only having a time limited right to stay in the UK. Full lists of the new acceptable documents are at page 36 of the guidance and in Alpha’s updated Right to Work Checklist which is attached.
The biggest change is that EEA or Swiss passports (other than Irish passports or passport cards) or an EEA or Swiss national ID card will no longer be acceptable evidence of a right to work in the UK. Employers can either check an individual’s right to work using theonline system, with the applicants date of birth and right to work share code, if the individual has an immigration status that can be shared digitally, or alternatively, by manually checking the original documents.
