Leaving the EU has caused UK employment a lot of uncertainty, as there has not been any clear guidance on employing people that from outside of the EU or the UK.
One thing is clear is that there are international employees employed across businesses and charities in the UK.
We get asked very often what does the employer need to do now they have people from the EU working for them after Brexit. Find out MORE.
EU, EEA and Swiss Citzens
These individuals’ rights to work in the UK remains unchanged even though the UK is no longer in the UK. This remains unchanged until 30th June 2021, when there may be changes to how they can use their passport and National Identity Card.
However, you must check their original documents, to ensure they still qualify.
If the employee cannot share their documents
You are required to contact the Home Office and to check what their immigration status is and you would be looking to identify which of the following applies to them:
- they cannot show you their documents because there is an ongoing appeal with the Home Office
- they may have an Application Registration Card
- they hold a Certificate of Application, less than 6 months old.
- they have been living in the UK and are a Commonwealth citizen
Employing an international citizen
If you are interested in employing someone from outside of the UK, you need to ensure they have the right to work in the UK and will have the following documents from this Checklist available. It’s good practice to ask them to provide this at the interview or offer stage.
If you have offered them a role and they cannot provide these documents and they have not satisfied the Home Office requirements above, you can reserve the right to suspend or terminate their employment. It is not lawful to continue with their employment if they cannot provide the correct documents.
Contact one of our international HR experts on 08004947749 / hello@specialisedhr.co.uk to find out what your employee is required to provide to work for you.