The main changes in the updated code of practice relate to the right to work checks required for EEA/Swiss nationals, with an EEA passport, national identity card or Residence Documentation no longer sufficient to prove their right to work.
From 1st July 2021, those EEA/Swiss nationals with a digital status under the EU Settlement Scheme will have to evidence this through the online checking service. Whether they have settled or pre-settled status will determine whether you will need to repeat their right to work check during their employment.
The online service is also available to EEA/Swiss nationals with a Frontier Worker Permit, as well as to people of any nationality with a Biometric Residence Permit. Manual checks can still be used for anyone with a physical BRP.
The ‘List A and List B’ structure remains the same, although the lists themselves have been amended. The following documents have been added to List A and List B as acceptable documents to evidence Right to Work in the UK:
- documents issued by Crown Dependencies (the Bailiwick of Jersey,the Bailiwick of Guernsey or the Isle of Man)
- Irish passports (which includes the Irish passport card)
In addition, a short exceptions list has been included for EEA citizens without Settled Status, which includes documents such as the Frontier Worker Permit, and the Service Provider of Switzerland visa.