In the post Brexit era, visa regulations have already changed, but so far, right to work checks remain the same. This is all due to change from 1st July 2021, but we don’t yet know the full detail of what will change.
UKVI have committed to say that retrospective document checking will not be required for any EEA staff employed prior to 30 June 2021 and the supposition is that any checks from 1st July onwards will mean EEA nationals have to show their immigration status. This could be proof they hold settled (or pre settled) status; or it could be that they need a visa in the same way a non European citizen would.
Employers are going to have to check their right to work checking process meets the requirements of new rules but remains flexible enough to allow for different circumstances. For European staff, nationality will no longer be the sole indicator of their right to work. Instead, employers will have to consider residency connections demonstrated through the settled status. As increasing numbers of new staff need to show settled status, employers will have to adapt their processes to make sure they still obtain the statutory excuse.
And it is not just Europe. The new visa available to BN(O) passport holders from Hong Kong is also an electronic status.
For anyone holding an electronic visa status either now, or in the future, the status check will be done online through access to the UKVI records. It will, however, still be the responsibility of the hiring employer to check the record belongs to the right person – and one way of doing this will be to verify their identity documents. Passport checks are here to stay!
