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

Reeves delivers £26bn tax rise Budget UK Parliament Budget photo

Reeves delivers £26bn tax rise Budget

26 Nov 2025

2

Seven Lancashire towns on list of target locations for new M&S Food stores M&S Food Stores

Seven Lancashire towns on list of target locations for new M&S Food stores

26 Nov 2025

3

Lancaster University to receive nation’s highest education honour Micro:bit Educational Foundation created by Lancaster University

Lancaster University to receive nation’s highest education honour

26 Nov 2025

4

Catterall House bought by Holywell Care Group Catterall House Care Home

Catterall House bought by Holywell Care Group

26 Nov 2025

5

Long-time friends launch new estate agency Ashburn Lindsay Ashburn Lindsay Property

Long-time friends launch new estate agency Ashburn Lindsay

26 Nov 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
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

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

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

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

Preston Freelancer Meet-Up: November
NovFreelancer version 2 .png.png
LBV Hub Networking
26 Nov 2025 - 26 Nov 2025

Preston Freelancer Meet-Up: November

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Lancashire Construction Connections
LLC Logo Main.jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Nov 2025

Lancashire Construction Connections

Blues Bar, Ewood Park, Blackburn, BB2 4JF

14:00 - 16:00

Lancashire Business Day 2025
241122lbvlancashiredaylhp0647web
Networking
27 Nov 2025

Lancashire Business Day 2025

Burnley FC , Burnley, BB10 4BX

12:00 - 17:00

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget event East Lancashire
LBV Hub Seminars
27 Nov 2025 - 27 Nov 2025

The PM+M Autumn Budget seminar - East Lancashire

Crow Wood Hotel, Burnley, BB12 0RT

08:00 - 10:30

Blackburn Budget Breakfast Seminar
1.jpg.jpg
LBV Hub Seminars
28 Nov 2025 - 28 Nov 2025

Blackburn Budget Breakfast Seminar

Premier Suite, Blackburn Rovers, Ewood Park, Blackburn, BB2 4JF

07:30 - 10:30

Navigating making tax digital for Income Tax
mtd event LinkedIn.jpg.jpg
LBV Hub Seminars
03 Dec 2025 - 03 Dec 2025

Navigating making tax digital for Income Tax

Junction 4 Skatepark , Darwen, BB3 0AJ

08:00 - 10:30

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin