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Employing staff from elsewhere in Europe

For some years now, it has been the legal responsibility of all employers to verify that all their employees have the legal right to work in the United Kingdom.

As of 1 July 2021, if you employ European Union, European Economic Area, or Swiss citizens, it is not sufficient to rely on their passport or identity card to prove their right to work. You have to check online using a share code and date of birth; the share code should be obtained by the employee by logging into the “View and prove your immigration status” service of the Home Office.

If that can’t be done for any reason, e.g. because the worker does not have settled or pre-settled status under the EU Settlement Scheme, then you should look for other evidence. Examples of these given by the Government are:

  • A Frontier Worker permit
  • A biometric residence permit or card
  • An outstanding application to the EU settlement scheme
  • A passport entry proving indefinite leave to remain
  • A visa to work or study in the UK.

If you are in any doubt about this you are advised to check with the Home Office.

None of the above applies to citizens of the Irish Republic. They can continue using their passport to prove their right to work in the UK.

This note is for general guidance only. Please contact our office for advice regarding your own circumstances before taking action.

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