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Settlement Status: What you need to know

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Europeans (EU, EEA or Swiss citizens) living in the UK have until 30 June 2021 to apply for settlement or pre-settlement status which will allow them to continue to live and work in the UK.

The requirement to apply rests with the employee rather than the employer, which has left some employers wondering what they can do now so that they aren’t caught out on July 1 employing someone who has missed the deadline or forgotten to complete the paperwork.

“Your most important job right now as an employer is to make sure that your staff are well-informed and aware that there are actions required on their part to comply,” says our employment lawyer, Megan O’Hara.

Up to date guidance is awaited from the Home Office on the policy for right to work checks from 1 July 2021 onwards but in the meantime, here is her advice for Microsoft Partners:

1. Notify ALL staff about the settlement status requirements and deadlines

The starting point, if you haven’t already, is to communicate the following information to ALL staff:

Job applicants and employees need to prove their right to work in the UK. It is your responsibility to do the correct right to work checks to ensure they can.

Up until 30 June 2021 EU citizens might provide or have provided a passport, national identity card or biometric residence document to prove their right to work in the UK. They do not have to have been given settled or pre-settled status yet.

Then what?

You may wish to invite staff who have relied on an EEA or Swiss passport or national ID card to date to provide you with their right to work under the Settlement Scheme over the coming months (but don’t insist on it). Then, once the 1 July 2021 arrives, subject to further guidance being issued by the Government, request proof of their status.

2. Check that each employee share code matches your records

Staff who have successfully completed their pre-settled or settlement status application should receive a letter confirming their right to work status through the Settlement Scheme. If they have been told they can view their immigration status online, there will be a share code which they can pass on to you.  The letter will contain a date by which the code should be used – it lasts 30 days (after which a new code will be required).

Once you have their share code, you’ll need your employee’s date of birth in order to complete your check. Login to the government website and enter both to verify that your records and the employee/applicant match the government database. This should then confirm their right to work status in the UK after 30 June 2021.

3. Print or download the information for the employee file

Note: This is important. Once you have logged in and got the information, make sure you keep a record of the employee’s settlement or pre-settlement status.

You could face a civil penalty of up to £20,000 if you employ an illegal worker and have not carried out the correct right to work check. Checks need to be carried out before you allow an applicant to work for you in the UK.

If an employer knows or has reasonable cause to believe that an applicant or employee does not have the right to work and employs them anyway then this is a criminal offence (risking imprisonment and an unlimited fine).

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  • We’re the only law firm in the world who specialises solely in the legal needs of Microsoft Partners like you.
  • We offer our legal services as a monthly subscription – allowing you to easily budget for your legal costs for the year. No surprises.
  • We are your ‘in-house’ Microsoft legal team. We can speak your language and won’t bog you down in legal jargon.
  • We’ll work at your speed to help you achieve your goals. We won’t slow you down, especially when getting deals over the line.

We’d love to talk so call us on 01892 313 943, or drop us a note at hello@law365.co.  Also, make sure you follow us on LinkedIn to be kept up to date with useful legal information for Microsoft Partners.  Our Microsoft technology lawyers are here to help

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Fancy a natter about legal matters?

Are legal worries getting you down? Let the Law 365 team help you grow your business with less risk.

What makes us different?

  • We only work for Microsoft Partners, just like you.
  • We offer our services as a monthly subscription – so you can budget your legal costs for the year. No surprises.
  • We’re your  'in-house’ legal team, but we won’t bog you down in legal jargon.
  • We’ll work at your pace to get deals over the line. Fast.

Call us on 01892 313 943 or drop us a note at hello@law365.co


Law 365 – The Award-Winning Microsoft Partner Law Firm

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