Business immigration – Right to Work

By Brabners LLP

07 Jan 2021

people-in-globe_186651548.jpg

When the Brexit transition period ends, visa requirements for EU nationals will change impacting the right to work.

The Brexit transition period comes to an end on 31 December 2020, and with it ends the rights to free movement of EU nationals. From 1 January 2021, EU nationals will be subject to the same visa requirements as non-EU nationals. EU nationals already resident in the UK on or before 31 December 2020 may be eligible to apply under the EU Settlement Scheme for Settled or Pre-Settled Status. They have a grace period until 30 June 2021 to make these applications.

Now is the time for employers to consider how these changes may affect their business and what changes they may need to make to their right to work checks for employees.

Employers can continue to rely on EU passports or national ID cards as proof of right to work until 30 June 2021. However, they must not discriminate against EU nationals and cannot require them to show proof of settled status before this date. But they also have a legal duty to make sure they do not employ people illegally.

As a matter of law, seeing an EU passport after 1 January 2021 will not tell employers whether the individual is eligible under the EU Settlement Scheme (but, for example, hasn’t yet applied) and therefore has a legal right to work in the UK, or if they have entered the UK for the first time and need a visa before they have the right to work.

If the employer becomes aware that the individual has entered the UK for the first time on or after 1 January 2021 (for example, during the interview process or by looking at their CV), there is a risk they will “know or have reasonable cause to believe” they are working illegally. This is a criminal offence to which there is no defence. If found guilty, employers could face an unlimited fine and up to five years in prison.

This could also result in other consequences. Employers could have their sponsor licences revoked. This means that they will not be able to recruit non-UK nationals, and any existing sponsored staff will typically be given 60 days to leave the country.

It is vital employers think about how to balance the commercial and legal risks associated with potential discrimination claims and the risk of committing illegal working offences after 1 January 2021.

Our Business Immigration Team have expert knowledge of both immigration and employment law to help you navigate these issues. We are also here to advise you on how to handle all of the other implications arising from Brexit for your existing staff and future recruitment. If you wish to discuss these issues further, please contact Laura Darnley or another member of the team.

Latest news

1

Preston frozen dough brand has new celebrity shareholders Ant and Dec and Amy and Chris Cheadle

Preston frozen dough brand has new celebrity shareholders

18 Jul 2025

2

Wellbeing focused co-working space with its own pub in Burnley gets ready for launch Dave Scholes and Malcolm Ireland

Wellbeing focused co-working space with its own pub in Burnley gets ready for launch

18 Jul 2025

3

UK's pioneering Combat Air Flying Demonstrator is revealed Flying Combat Air Demonstrator

UK's pioneering Combat Air Flying Demonstrator is revealed

17 Jul 2025

4

A fresh brew for The Printed Cup Company The Printed Cup Company

A fresh brew for The Printed Cup Company

17 Jul 2025

5

Joe Diston from Beever and Struthers appointed to new Global IFRS leader for HLB International Joe Diston

Joe Diston from Beever and Struthers appointed to new Global IFRS leader for HLB International

17 Jul 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Lancashire Built Environment Conference 2025
BEC 315 X 315 Px
Networking
25 Sep 2025

Lancashire Built Environment Conference 2025

Blackpool Football Club, Blackpool, FY1 6HX

08:30 - 13:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Preston Tech Connection: Web3 is Dead. Or is It?
July Longer Banner.jpg.jpg
LBV Hub Networking
29 Jul 2025 - 29 Jul 2025

Preston Tech Connection: Web3 is Dead. Or is It?

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Preston Freelancer Meet-Up: July
Longer July Banner.jpg.jpg
LBV Hub Networking
31 Jul 2025 - 31 Jul 2025

Preston Freelancer Meet-Up: July

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Advantage: AI – A Workshop for Business Leaders – August 14th
Navy--Event Tile.png.png
LBV Hub Seminars
14 Aug 2025 - 14 Aug 2025

Advantage: AI – A Workshop for Business Leaders – August 14th

Door4 Office, Burnley Wharf, Burnley, BB11 1JG

09:00 - 12:00

The Business Network Central & East Lancashire
LBV Header (24).png.png
LBV Hub Networking
21 Aug 2025 - 21 Aug 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Morecambe Bay Walk
Walk.jpg.jpg
LBV Hub Awards
30 Aug 2025 - 30 Aug 2025

Morecambe Bay Walk

Arnside, CARNFORTH, LA5

09:30 - 14:00

Cumbria Business Expo 2025
https---cdn.evbuc.com-images-880461633-4862066883-1-original.20241022-110415.jpeg.jpg
LBV Hub Exhibitions
19 Sep 2025 - 19 Sep 2025

Cumbria Business Expo 2025

Carlisle Racecourse, Carlisle, CA2 4TS

09:00 - 15:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

North West Business Expo 2025
https---cdn.evbuc.com-images-880456273-4862066883-1-original.20241022-105445.jpeg.jpg
LBV Hub Exhibitions
24 Oct 2025 - 24 Oct 2025

North West Business Expo 2025

Bolton Stadium Hotel, Bolton, BL6 6SF

09:00 - 15:00

Lancashire Business Day 2025
241122lbvlancashiredaylhp0647web
Networking
27 Nov 2025

Lancashire Business Day 2025

Burnley FC , Burnley, BB10 4BX

12:00 - 17:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV122 Online Graphic
Subscribe now

Weekly news bulletin