Guidance to employers and landlords - Print version

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Guidance to employers

a. Checking an EU, EEA or Swiss applicant’s right to work in the UK

From 1 January 2021 up until 30 June 2021, authorities, employers and landlords in the UK cannot force EU, EEA or Swiss nationals to prove their immigration status (Pre-Settled or Settled Status). You can however demonstrate this to authorities, employers or landlords, if you wish to do so. More details on this can be found in the ‘Guidance for EU, EEA and Swiss citizens’ section of this website

From 30 June 2021, it is a legal requirement for authorities, employers and landlords in the UK to check whether EU, EEA or Swiss nationals have to right to stay, work or rent in the UK. Beyond this date, if an EEA national refuses to demonstrate their immigration status they may be refused entry to the UK, access to public funds, their offer of employment may be withdrawn or right to rent refused.

EU, EEA or Swiss citizens and their family members who lived in the UK before 31 December 2020 need to apply to the EU Settlement Scheme to continue living and working in the UK beyond 30 June 2021.

Irish citizens will continue to prove their right to work in the UK [https://www.gov.uk/government/publications/common-travel-area-guidance] as they do now

Because of COVID-19 there are temporary changes to the way employers can check documents. The government has published updated guidance about the adjusted process, including asking for documents digitally, making checks via video call, and what to do if someone cannot provide any accepted documents. Visit the GOV.UK website to read the guidance [https://www.gov.uk/guidance/coronavirus-covid-19-right-to-work-checks]

Further guidance on checking an applicant’s right to work is available on the GOV.UK website. [https://www.gov.uk/check-job-applicant-right-to-work]

There is an EU Settlement Scheme employer toolkit published by the UK government intended to provide employers with the right materials and information to support EU citizens to apply to maintain their legal status and right to work in the UK (before the EUSS application deadline of 30 June 2021). You can access the toolkit on the GOV.UK website. [https://www.gov.uk/government/collections/eu-settlement-scheme-employer-toolkit]

i. Before 30 June 2021

Employers must check an applicant’s right to work in the same way they did previously. Before the 30 June 2021, applicants can prove their right to work in the following ways:

You have a duty not to discriminate against EU, EEA or Swiss citizens- if you do you may be subject to legal action.

Before 30 June 2021, you shall not require EU, EEA or Swiss citizens to show you their immigration status.

Beyond 30 June 2021, as an employer you also have a requirement under law to ensure that those under your employment, or those you employ beyond this date, have the right to work in the UK.

ii. After 30 June 2021

An employer can check an applicant’s right to work in the UK by:

  • Check identification and nationality documents:
    • Ask to see the applicant’s original identification and nationality documents
    • Check they are valid, with the applicant present
    • Make and keep copies of the documents and record the date you made the check
  • Check their right to work via their share code:
    • Applicants can prove and create their right to work to an employer through this link on the GOV.UK by creating a share code. [https://www.gov.uk/prove-right-to-work] This share code is valid for 1 month (you can access it anytime during this period)
    • Employers will additionally need to check an applicant’s right to work online. They can do so on the GOV.UK website by using the applicants share code. [https://www.gov.uk/view-right-to-work] The shared code is provided by the applicant, you will need their share code and date of birth.

Beyond 30 June 2021, as an employer you also have a requirement under law to ensure that those under your employment, or those you employ beyond this date, have the right to work in the UK. It may be that you have to schedule follow-ups with employees to ensure they have maintained their right to work (such as if they had Pre-Settled Status).

 

b. How can I sponsor skilled workers to work in Coventry through the UK Points-Based Immigration System?

From 1 January 2021, the UK government has introduced a Points-Based Immigration System for EU, EEA or Swiss citizens who wish to come to the UK to work. 

Anyone you want to hire from outside the UK, excluding Irish Citizens, will need to meet certain requirements and apply for permission in advance to do so.  The requirements (for example, job offer from approved sponsor, salary level, English level, sector of work, skill level) are different for each visa route. Each requirement met will score the individual points. The individual will need to satisfy 70 points.  Further guidance regarding different visa routes is provided on the GOV.UK website. [https://www.gov.uk/guidance/recruiting-people-from-outside-the-uk] Work visa routes under the Points-Based Immigration System include:

  1. Skilled Worker Route
    1. Health and Care Visa is part of this work visa route
  2. Global Talent Route
  3. Graduate Route
  4. Intra-Company Transfer
  5. Other Routes
    1. Start-Up and Innovator
    2. Health and Care Visa
    3. Creative Route
    4. Sporting Routes
    5. Seasonal Workers Pilot
    6. Youth Mobility Scheme

i. How can I sponsor a worker?

You will need to apply to the Home Office to be a sponsor if you want to recruit workers through the Skilled Worked route from outside the UK. Before applying to be a sponsor you should check that the people you want to hire will meet the requirements for coming to the UK for work. The standard processing time for an application is usually eight weeks and will start when the Home Office receive your application. As a licensed sponsor, you will be able to hire eligible employees from anywhere in the world. To become a sponsor, you will need to:

  1. Check your business is eligible
  2. Choose the type of skilled worker license you want to apply for
  3. Decide who will manage sponsorship within your business
  4. Apply online and pay a fee

To sponsor a worker visit the GOV.UK website. [https://www.gov.uk/uk-visa-sponsorship-employers]

Detailed guidance for employers is provided on the GOV.UK website. [https://www.gov.uk/government/publications/uk-points-based-immigration-system-employer-information/the-uks-points-based-immigration-system-an-introduction-for-employers]

ii.  Immigration Skills Charge

Employers must pay an Immigration Skills Charge for each skilled migrant worker they employ through the Skilled Worker and Intra-Company Transfer Routes. You will need to pay the charge when sponsoring both EU and non-EU migrant workers. Employers must pay £1,000 per skilled worker for the first 12 months, with an additional £500 charge for each subsequent six-month period. Discounted rates will apply as they do now to charities and small business.

Guidance to landlords: how to check an EU, EEA or Swiss citizen has the right to rent in the UK

a. Before 30 June 2021

Right to rent checks for EU, EEA and Swiss citizens continue in the same way as such as checking their passport or national identity card. For family members of EU, EEA or Swiss citizens, follow the usual guidance for documents you can accept for right to rent checks. [https://www.gov.uk/government/publications/right-to-rent-document-checks-a-user-guide]

It’s against the law to ask EU, EEA or Swiss citizens to show that they have settled status or pre-settled status when starting a new tenancy before this date. You will not need to make retrospective checks for existing tenants from 2021.

Find out more about checking your tenant’s right to rent in the UK by visiting the GOV.UK website. [https://www.gov.uk/check-tenant-right-to-rent-documents/how-to-check]

b. After 30 June 2021

Tenants can prove their right to rent in England and how long they can rent for online on the GOV.UK website. [https://www.gov.uk/prove-right-to-rent]

Landlords can view a tenant’s right to rent in the UK online on the GOV.UK website. [https://www.gov.uk/view-right-to-rent] You will need their date of birth and ‘share code’. You can also check someone’s original documents instead (for example if they do not have a shared code).

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