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EU Settlement Scheme: information for employers

Updated 9 August 2023

1. Background

The EU Settlement Scheme (EUSS) was established to enable EU, EEA and Swiss citizens resident in the UK by 31 December 2020, and their family members, to get the immigration status they need to continue to live, work, study and access benefits and services, such as healthcare, in the UK after 30 June 2021.

For those citizens resident in the UK by 31 December 2020, the deadline for applications was 30 June 2021.

As an employer you are not responsible for making sure your employees who are EU citizens, or their family members, have applied. However, for many organisations the EUSS has been an important aspect of workforce planning and retention. The information below is intended to help you understand your role and obligations as an employer, in particular relating to late applications to the scheme and right to work checks.

Individuals who applied by the deadline of 30 June 2021 will have their existing rights protected until their application is decided. Rights are also protected where the outcome of any appeal against a decision to refuse status is pending. 

Employees awaiting the outcome of their application will be provided with a Certificate of Application (CoA) once their application has been validated. They can use this to prove their right to work.

2. EU citizens you employed by 30 June 2021

As an employer you are not responsible for making sure your employees who are EU citizens, or their family members, have applied to the scheme and you do not need to undertake retrospective right to work checks on those who were employed by 30 June 2021. You will have a continuous statutory excuse against a civil penalty if you carried out an initial right to work check in the correct way at the time you completed the check, such as where an EU citizen provided their passport or national identity card to you to prove their right to work prior to 30 June 2021.

However, some employers may wish to conduct retrospective checks to ensure the stability of their workforce. If you choose to carry out retrospective checks, you must ensure that you do so in a non-discriminatory manner.

There may be situations after 30 June 2021 in which you identify an EU citizen in your workforce who has not applied to the EUSS by the deadline and does not hold any other form of permission to stay in the UK. Those who make a valid late application and receive a CoA will have their right to work protected while their application is determined.

Full guidance has been published on the steps you should take as an employer if this situation arises.

3. How to conduct a right to work check from 1 July 2021

Many individuals can now share their right to work online. This includes anyone with online access to their immigration status information (an eVisa) and holders of biometric residence permits and cards.

An online right to work check is required for individuals who hold an eVisa. This applies to most EU citizens, including those with settled or pre-settled status under the EUSS, and some other nationalities who have moved to the UK more recently under the points-based immigration system.

To carry out an online right to work check, you’ll need the applicant’s date of birth and their share code which they will have obtained online. You can then complete the check on the Home Office online checking service.

There is a guide for EU citizens which you can use to provide information to EU citizen job applicants about the right to work process and their responsibilities.

If an individual submitted an application to the EU Settlement Scheme by 30 June 2021, but the application has not been concluded yet, they will maintain a right to work until their application is finally determined. Employers should check their digital CoA via the online Check a job applicant’s right to work: use their share code service.

If an EU citizen applies for a job with you after 30 June 2021 but did not apply to the EUSS by the 30 June 2021 deadline and has no alternative immigration status in the UK (such as a visa under the points-based immigration system), then they will not be able to pass a right to work check.

4. Reasonable grounds for delay in applying

The EU Settlement Scheme has made provisions for late applications to be made by EU, EEA and Swiss citizens and their family members who can show they have reasonable grounds for their delay in applying.

If they did not apply by 30 June 2021, or by the deadline for their circumstances if it’s later, they may still be able to apply to the scheme. They will need to have ‘reasonable grounds’ for their delay in applying.

Their reasonable grounds must cover the entire period since the deadline which applied to them.

They will need to explain the reasons why they did not apply earlier and provide supporting evidence. This will be used to assess whether there are reasonable grounds for the delay in applying.

5. Avoiding discrimination

You should not discriminate when conducting right to work checks. The Home Office has published statutory codes of practice for employers on how to avoid unlawful discrimination when undertaking checks. It clearly stipulates that employers should provide individuals with every opportunity to demonstrate their right to work and should not discriminate on the basis of race or any of the other protected characteristics.

6. Hiring from the EU

EU citizens not eligible for status under the EU Settlement Scheme will need to obtain an immigration status under the points-based system in the same way as other foreign nationals. As an employer you can learn more about the way you hire from the EU on GOV.UK.

7. Support available for employers

More information on the EU Settlement Scheme is available on GOV.UK.

You can call or email for help and advice on preventing illegal working.

Individuals can contact the Resolution Centre, which provides telephone and email support to those using the online immigration status services. This includes supporting users through the online journey:

• helping them to access or recover their account
• helping them to update their personal details
• sharing status on behalf of individuals if they are unable to do so themselves

Phone

Telephone: 0300 790 6268
Monday to Thursday, 9am to 4:45pm
Friday, 9am to 4:30pm
Find out about call charges

Email

businesshelpdesk@homeoffice.gov.uk - if you’re an employer or Tier 1 investor
educatorshelpdesk@homeoffice.gov.uk - if you’re from an educational institution or you’re a Student sponsor

8. Support available for late EU Settlement Scheme applicants

There remains a range of support available from over the phone advice, to one-to-one support, as well as help with technology. You should signpost your employees to the following services:

8.1 Resolution Centre 

For questions about their application, EU citizens can call 0300 123 7379 from inside the UK or +44 (0) 20 3080 0010 from outside the UK (Monday to Friday, 8am to 8:30pm and Saturday to Sunday, 9.30am to 4.30pm). 

Find out about call charges

8.2 Assisted Digital 

The Assisted Digital service helps people who do not have the right access, skills or confidence to complete the online application form and is available over the phone and in person, free of charge. Contact We-Are-Digital by calling 03333 445 675 (Mon–Fri, 9am–5pm) or text the word “VISA” to 07537 416944.

8.3 ID document scanning service 

The ID document scanning service is available to complete the identity verification step if you do not have access to the EU Exit: ID Document Check app. There may be an administrative fee to use this service.

8.4 Community support 

If applicants need more support help with their application, they can contact a nearby community support organisation. They can also find local support by using the postcode checker on the EU Settlement Scheme help page.