EU Nationals and their Right to Work in the UK?

---

EU Nationals’ Right to Work in the UK

EU, EEA and Swiss citizens who were resident in the UK by 11pm on 31 December 2020 were required to apply to EU settlement scheme (EUSS) by 30 June 2021 in order to continue living and working lawfully in the UK.

They will have been granted either:

• Settled status (indefinite leave) or,
• Pre-settled status (limited leave)

---

Late EUSS applications

It is still possible to apply to the EUSS after the deadline if the individual can demonstrate reasonable grounds for applying late.

Examples of accepted evidence may include:

• Medical or mental health evidence from healthcare professional
• Evidence of domestic abuse or coercive control
• Evidence relating to children, care leavers or vulnerable adults
• Proof the induvial reasonably believed they did not need to apply

Late applications are assessed case-by-case and since August 2023, the Home Office requires strong documentary upfront. The longer the delay, the harder it is to suceed.

Employers must not attempt to judge eligibility or advise on grounds, this is solely a Home Office decision.

---

Employer responsibilities

As an employer you must:

• Carry out a right-to-work check before employment begins
• Use a Home Office-approved checking method
• Keep a clear record of the check for the duration of employment plus 2 years
• You are not responsible for monitoring whether an employee has made a late E.

Are you looking for a trusted employee background checks provider?

---