The UK government has published guidance clarifying that employers are not required to conduct right-to-work checks on certain foreign nationals before hiring them. According to the official GOV.UK guidance, the exemption applies specifically to citizens of the European Union, the European Economic Area, and Switzerland, but only if they arrived in the UK before 1 July 2021 and are already in employment.
Exemption Conditions for EU, EEA, and Swiss Citizens
The guidance states that existing employees who are citizens of these three categories are exempt from the right-to-work check by British employers, but only if they arrived in the UK before 1 July 2021. This exemption applies strictly to workers already in employment, not to new applicants. For EU, EEA, and Swiss citizens arriving in the UK to work from 1 January 2021 onwards, employers are required to hold a sponsor licence before they can legally take them on. This condition effectively means the exemption has a firm cut-off and does not extend to more recent arrivals from those regions.
Verification Routes for Other Applicants
For all other applicants, the guidance sets out three accepted routes for verifying the right to work. Employers can check a share code provided by the applicant through the government's online verification service, inspect original identity documents in person, or use an approved identity service provider that offers Identity Document Validation Technology, known as IDVT.
Earlier Report on Hiring Without Sponsor Licence
Earlier, Legit.ng reported that the UK government has outlined which foreign nationals employers can hire without needing a sponsor licence. Most workers from outside the UK require sponsorship, but three specific groups are exempt from this requirement. The new guidance clarifies the conditions for these exemptions, ensuring employers understand their obligations and the verification processes available.
