The UK Government’s Immigration Minister, Caroline Noakes, announced to the Home Affairs Select Committee on 30 October that in the event of a no-deal Brexit, new immigration controls, including employer checks of immigration status, will apply from next year to EU citizens who are already in the UK. In view of these potential changes and the substantial administrative impact this will have on those employing EU nationals in the UK, we advise that employers review their right to work check records and ensure they have up to date passport information for EU employees now. This will ensure that those individuals are easily identifiable should additional right to work information be required for EU national staff after 29 March 2019.

Hosting a town-hall or holding a ‘bring your passport to work’ day are both effective ways to gather this employee data.

A refresher on how to check your employee’s right to work can be found below:

  • Make a copy that cannot be changed, for example a photocopy, that can then be scanned and uploaded
  • For passports, copy any page with the expiry date and photo ID page
  • For biometric residence permits and residence cards, copy both sides
  • For all other documents, you must make a complete copy
  • Keep copies during the applicant’s employment and for 2 years after they stop working for you
  • Record the date on which the check was made and sign the copy made certifying that it is a true copy of the original