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Q&A: right-to-work checks beyond 2020

Introduction The end of the transition period and freedom of movement is only a few weeks away. Although employers are busy getting to grips with the post-Brexit immigration system, they are also concerned about what changes they must make to their right-to-work (RTW) check procedures and when. This Q&A – based on questions asked by attendees of a recent webinar – answers the key questions on this matter.(1) UK employers must ensure that their employees have the RTW in the United Kingdom before they start work and throughout their employment. Conducting a RTW check properly will shield employers from liability for civil penalties if they are found to have inadvertently employed somebody who has no RTW in the United Kingdom. The Home Office has confirmed that RTW check procedures will not change until after 30 June 2021, when the post-transition grace period for applying under the EU Settlement Scheme (EUSS) ends. There will be no requirement for retrospective checks on EEA na

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