UK Government Lists Foreign Nationals Exempt from Right-to-Work Checks

• The UK government published official guidance outlining which foreign nationals are exempt from mandatory right-to-work checks by employers
• EU, EEA, and Swiss citizens already employed in the UK before 1 July 2021 fall under a specific exemption category
• The guidance also sets out three accepted routes employers must follow when verifying the right to work for all other applicants

The UK government has released official guidance clarifying which categories of foreign nationals do not require mandatory right-to-work checks before being hired, offering employers clearer rules on their legal obligations.

Under standard UK employment law, businesses must confirm that any prospective hire holds legal permission to work in the country before bringing them on board.

However, the GOV.UK guidance carves out a specific exemption for a defined group of existing employees.

EU, EEA, and Swiss citizens who were already working in the UK and arrived before 1 July 2021 are not subject to the right-to-work check requirement.

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Crucially, this exemption applies only to those already in employment at the time, not to new job applicants from those regions.

For citizens from the European Union, the European Economic Area, or Switzerland who arrived in the UK from 1 January 2021 onwards with the intention of working, employers must hold a valid sponsor licence before they can legally take them on.

This condition effectively closes the exemption to more recent arrivals from those regions, giving the rule a firm and non-negotiable cut-off date.

How Employers Can Verify the Right to Work

For all applicants who fall outside the exemption, the guidance sets out three accepted methods of verification.

Employers may use a share code submitted by the applicant and process it through the government's online verification service.

Alternatively, they may inspect original identity documents in person. A third option allows employers to use an approved identity service provider that offers Identity Document Validation Technology, commonly referred to as IDVT.

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The publication of this guidance is intended to help employers across the United Kingdom navigate their responsibilities clearly, particularly given the shifting immigration landscape that followed the end of freedom of movement between the UK and the EU.

Source: YEN.com.gh