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

Partner promotions at WNJ Stuart Mercer, left, and Matthew Johnson

Partner promotions at WNJ

21 May 2025

2

Accrington-made Vita Advanced Mattress wins prestigious 'Best of the Best' Award at Interzum 2025 Dr. Emily Schweissinger - Evonik, Dr. Roland Hubel - Evonik, Dr Mike Murray - The Vita Group, Natalie Watson - The Vita Group, Chris Hupfeld - Coverstro, Dr. Annegret Terheiden - Evonik and Dennis Wagner - Covestro

Accrington-made Vita Advanced Mattress wins prestigious 'Best of the Best' Award at Interzum 2025

21 May 2025

3

Napthens advises Calico Homes on land acquisition for £23m Dovestone Gardens extra care facility in Burnley Paul Hardy

Napthens advises Calico Homes on land acquisition for £23m Dovestone Gardens extra care facility in Burnley

21 May 2025

4

Construction begins on new Civil Service office building in Talbot Gateway Alan McBride Muse Will Town Defence Infrastructure Organisation Jennifer Chard Defence Business Services Cllr Lynn Williams Blackpool Council Garry Bowker Vinci

Construction begins on new Civil Service office building in Talbot Gateway

20 May 2025

5

Skiddle raises over £750,000 for charities Skiddle cheque presentation to Alder Hey Hospital

Skiddle raises over £750,000 for charities

20 May 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
LBV122 May/June Launch Event
121 Lancashire Business View Magazine Launch
Networking
21 May 2025

LBV122 May/June Launch Event

Lancaster and Morecambe College, Lancaster, LA1 2TY

08:30 - 10:30

Sub36 Networking
Networking
11 Jun 2025

Sub36 Networking

British Jewellery School, Scorton, PR3 1BA

15:00 - 17:00

Lancashire Net Zero Carbon Conference
Net Zero Carbon Social 1200pxtrident 2
Networking
18 Jun 2025

Lancashire Net Zero Carbon Conference

Crow Wood Hotel & Spa Resort, Burnley, BB12 0RT

08:30 - 13:00

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

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
02 Apr 2025 - 08 Oct 2025

RISE - The Academy for Female Leaders and Managers

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

09:00 - 15:30

Preston Freelancer Meet-Up: May
Freelancer Meet-Up May.png.png
LBV Hub Networking
22 May 2025 - 22 May 2025

Preston Freelancer Meet-Up: May

society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Amber River True Bearing quarterly investment seminar
LBV Hub Seminars
22 May 2025 - 22 May 2025

Amber River True Bearing quarterly investment seminar

Cottons Hotel & Spa , Knutsford, WA16 0SU

16:00 - 18:00

The Business Network Central & East Lancashire
LBV Hub Networking
22 May 2025 - 22 May 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Liverpool Business Expo 2025
https---cdn.evbuc.com-images-881365363-4862066883-1-original.20241023-085714.jpeg.jpg
LBV Hub Awards
23 May 2025 - 23 May 2025

Liverpool Business Expo 2025

Aintree Racecourse , Liverpool , L9 5AS

09:00 - 15:00

Advantage: AI – A Workshop for Business Leaders – May 29
Artboard 15.png.png
LBV Hub Seminars
29 May 2025 - 29 May 2025

Advantage: AI – A Workshop for Business Leaders – May 29

Door4 Office, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:00

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