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Brexit – new government right to work guidance

Posted on: July 6th, 2021 by Ginny Hallam

The government have issued updated guidance on the right to work checks employers need to carry out for new employees starting on or after 1 July 2021. Here are the headlines: 

Proof of right to work – an EU passport will no longer be proof of an employee’s right to work in the UK. You’ll now need to see proof they’ve applied for or been granted settled or pre-settled status, or have a valid visa allowing them to work.

Settled status applications – if an EU employee hasn’t applied for settled status by 30 June 2021, they may be able to submit late applications. Employees will need to show a good reason for missing the deadline, and you’ll need to seek Home Office approval to continue their employment.

Additional right to work checks – the government have confirmed there is no need to carry out further checks on EU employees who started working for you before 1 July 2021 (provided you already have appropriate document copies on file). However, we’d recommend you do so to satisfy yourself that all EU employees have the right to work in the UK.

We’ve updated our Brexit FAQs on Intelligent Employment (here). If you don’t currently access Intelligent Employment, get in touch to find out how our unlimited employment advice and document access (and more) can benefit your business. 


This update is accurate on the date it was sent (6 July 2021), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.