COMPLIANCE
The right to work in the UK
Although Brexit seems so long ago, and perhaps now lower in urgency, Lora Murphy ACIPP, CIPP policy and research officer , provides a reminder of its not-to-distant impact on employment
J ust a matter of months ago, the topic of Brexit and the United Kingdom’s (UK’s) separation from the European Union (EU) dominated headlines. We read and heard about it daily. But at the time of writing, it is hard to conceive that anything ever happened that wasn’t associated with the horror of the coronavirus. With the world grappling to contain the global spread of the contagion as it wreaks devastation, both socially and economically, Brexit discussions have been put on hold as politicians in the UK and Europe are diagnosed with its infection. Right to work during the period of transition As widely documented, the UK is in a period of transition until 31 December 2020, during which arrangements will remain largely unchanged, particularly in terms of travel, freedom of movement and trade. From a payroll professional’s perspective, one of the key items for consideration will be in relation to the freedom of movement, and the rights of those from the European Economic Area (EEA) and Switzerland to live and work in the UK, and the same vice versa. Guidance surrounding right-to-work checks relating to the employment of citizens of the EU, Switzerland, Norway, Iceland and Liechtenstein is that the process remains the same until 30 June 2021, and that no retrospective checks are required for existing employees. Checks that determine whether a person is allowed to work for a company in the UK may consist of either checking the job applicant’s original documents, or checking the applicant’s right to work using the
online tool, should they provide you with a share code. The Home Office’s Employer’s right to work checklist (https://bit.ly/3dIPNTD ) shows the forms of documentation that are currently accepted. In order to use a share code to check online somebody’s right to work, their date of birth is required alongside it. The share code will reveal where an individual has settled or pre-settled status. It is essential that payroll and human resources (HR) professionals, and anyone dealing with right-to-work documentation, during the recruitment process, does not discriminate against EU, EEA or Swiss citizens by requesting that they show their status on, or prior to, 30 June 2021. They must request the currently accepted forms of right-to-work documentation during this period. Rules will also change for any individuals from the UK who want to go and work in the EU. The ‘living in country guides’ provide specific advice for people,
the country. Whilst we are in the transition period, under the Withdrawal Agreement individuals can continue to live, work and study in pretty much the same way as they did before. After 31 December 2020, things could change dramatically but the finer details are yet to be agreed and announced.
Settled and pre-settled status For individuals who apply to the EU
Settlement Scheme successfully, they will be able to continue to live and work in the UK after 30 June 2021. People can be granted either settled or pre-settled status, and the determining factor of which type of status is awarded relates to how long a person has been living in the UK at the point of application. But let us consider the key differences between the two. Settled status is usually granted in scenarios where an individual begins living in the UK prior to 31 December 2020 and has held ‘continuous residence’ within the UK for a five-year period. Five years’ continuous residence means that the individual has been in the UK, the Channel Islands or the Isle of Man for at least six months in any twelve-month period for five consecutive years. There are exceptions, for example, compulsory military service of any length or time spent abroad in the armed services, and the full list is available on Gov.UK. Anyone with settled status can remain within the UK indefinitely, and can apply for British citizenship, should they be eligible. Pre-settled status is given to people who do not have five years’ continuous residence at the point that they apply to
...things could change
by country, following the UK’s departure from the EU. Previously, a UK citizen would not require a work permit to work in any country within the EEA or Switzerland and was granted the same rights as nationals of dramatically but the finer details are yet to be agreed...
| Professional in Payroll, Pensions and Reward | May 2020 | Issue 60 32
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