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The EU Settlement Scheme (EUSS)

Due to changes implemented as part of Brexit, the EU Settlement Scheme (EUSS) now applies to EU, EEA and Swiss nationals. This will result in a significant change to the ‘Right to Work’ (RTW) checks and processes all employers must follow for employees living and working in the UK.

What does it mean? Who does it apply to? When will it apply?

The EUSS essentially determines who can and cannot live and work in the UK.

For workers engaging with Recruitment Agencies and Umbrella companies these changes will impact the checking processes involved.

Impacted contractors are those who are EU, EEA or Swiss nationals.

Workers who do not yet have indefinite leave to enter the UK or indefinite leave to remain in the UK but wish to continue to live and work here after 30th June 2021 must apply to the EUSS before the deadline (deadlines explained on the gov.uk website HERE). Failing to do so will result in workers becoming unlawful residents of the United Kingdom.

Unfortunately, those who entered the UK after December 2020 are not eligible to apply to the scheme.

Applying to the EU Settlement Scheme – What you need to do as a worker?

It is essential that all impacted contractors, including umbrella contractors, who are EU, EEA or Swiss nationals, begin the application process as soon as possible with the deadline for applying to the scheme being 30th June 2021. Contractors can apply through the EUSS website and using the EU Exit: ID Document Check app. Applications to the scheme will require proof of identity and proof of residence in the UK in the six months leading up to 31st December 2020 in order to apply.

Potential application outcomes

Applications can take a few weeks to be reviewed, but upon this they will either:

  • Receive settled status

You typically receive this status if you have been living in the UK for a continuous 5-year period.

  • Receive pre-settled status

For those that have not lived in the UK for five years continuously, you will typically receive pre-settled status (as long as you were living in the UK by 31st December 2020).

  • Be unsuccessful

An unsuccessful application will unfortunately mean that you are no longer able to remain and work in the UK.

How will this impact RTW checking for employers in the future, including Quest Pay Solutions?

Successful applicants will receive a share code to provide to current and future employers and Right to Work will subsequently be checked via the government site using a share code.

Fortunately, there is no mandatory requirement for employers to undertake retrospective checks on EEA citizens who were employed on or before 30th June 2021 which means that, as long as all correct RTW procedures have been followed previously, we can continue to pay impacted workers, post 30th June 2021, with the understanding that a share code will eventually be provide for the status to be checked.

Further help is available to impacted workers via the Home Office EU Settlement Scheme Resolution Centre: 0300 123 7379. More information can also be found via the following home office information document and can be downloaded with this link.

Submit your EUSS Sharecode HERE