The Home Office has released an updated version of its Employer’s Guide to Right to Work Checks. Key changes include the removal of the requirement for employers to carry out repeat checks on individuals with pre-settled status under the EU Settlement Scheme (EUSS). Employers now need to perform a right-to-work check for those holding pre-settled or settled status only before their employment begins.
The revised guidance also provides additional information about the transition from biometric residence permits to eVisas and outlines when follow-up right-to-work checks are necessary.
However, the updated guide does not address a recent change in the definition of “supplementary employment” as announced in the Home Office’s Statement of Changes to Immigration Rules: HC 590 (14 March 2024) and detailed in the Workers and Temporary Workers: Guidance for Sponsors: Part 2 Sponsor a Worker (updated 9 April 2024). This change expanded the definition of supplementary employment to include all roles eligible under the route, rather than restricting it to shortage occupations or roles within the same Standard Occupational Classification (SOC) code as the main sponsored position.
Employers should remain aware of these developments and consult the broader Home Office guidance to ensure compliance with all updated immigration and employment regulations.
