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Government reforms (3):  Immigration – Right to work checks

What do we already know?

As part of an employer’s obligations to prevent illegal working, there is a requirement to check the right to work of all employees’ original documents in person on or before their first day of work.

As a result of Brexit, the right to work check process is changing and EU citizens who want to continue to live and work in the UK beyond 30 June 2021 require immigration status in the UK, in the same way as other foreign nationals.  They will no longer be able to rely on an EEA passport or national identity card, to prove their right to work.

What’s new?

To implement the changes to the right to work check process, the Government has published an updated draft code of practice on preventing illegal working (the code of practice) available here, which took effect from 1 July 2021.  Although it has been published in draft form it is not expected to change.

The Government has also upated its more detailed employer guidance on right to work checks, available here.

The main changes in the updated code of practice and employer guidance relate to the right to work checks required against EEA/Swiss nationals and any third country family members from 1 July 2021.  In particular:

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