18 Mar Are EU ready for your next hiring campaign?
Overall we are starting to see an increase in hiring campaigns from businesses and industries, as the economy slowly starts to recover and organisations ready themselves for the re-opening of sectors from April.
I’m sure nobody needs reminding of the B-word, but there is one key change in 2021 that may have slipped under the radar for some businesses: UK Right to Work Legislation for EU citizens. With freedom of movement ending on 31st December 2020, the UK moved to a points-based immigration system for anyone who wants to move to the UK to work from the EU, as well as study or live, from 1st January 2021.
So, what does this mean when you are hiring?
There are a few key things to understand and look out for:
EU Settlement Scheme
The EU Settlement Scheme is the process for EU Citizens to remain in the UK to live, work and study.
There has been a huge uptake in applications for the EU Settlement Scheme, with over 5 million applications received by the Home Office up to 28th February 2021.
EU citizens who started living in the UK by 31st December 2020, who wish to work in the UK after 30th June 2021, must apply to the EU Settlement Scheme.
Q: What if a candidate has applied before the deadline, but the application has not been decided?
A: As the employer you will be able to contact the Home Office to confirm your candidate has made a valid application, following which they may start working.
Q: Can the candidate work before 30th June 2021 without proof of EU Settlement Scheme Status?
Yes! As long as the usual proof of Right to Work is provided. The candidate must apply for the EU settlement scheme before the deadline of 30th June 2021 however to have eligibility to work after this date.
Proving Right to Work (RTW)
- Until 30th June 2021, Candidates will be able to prove RTW in the UK through the usual process of passport or national ID card.
- After 30th June 2021, candidates must provide evidence of their EU settlement scheme status in order to prove RTW in the UK.
- Candidates will receive either settled or pre-settled status, depending on how long they have been living in the UK when they made their application. Both status allow the candidate to work in the UK.
- Candidates will be able to view their immigration status online, via the Right to Work Service. Candidates can provide a share code to you, that you can check online to validate RTW status.
What if an EU candidate started living in the UK after 31st December 2020?
If this is the case, the candidate must have permission to live and work in the UK under the points-based immigration system. More information can be found on the Gov UK website here.
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About the author
Andy Hollins, is Arc Recruitment’s Head Of Operations. He has been working in the staffing and recruiting industry for over a decade and is skilled in recruitment consultancy, operations management and client relations.