UK: Update to Right to Work Check Requirements for EEA Nationals

Last Updated on February 23, 2023

Key Points

  • The changes are expected to be implemented starting July 1, 2021. Compliant right to work checks made prior to this date are expected to be conducted under previous guidance.
  • The draft code addresses EEA nationals who have applied for status under the EU Settlement Scheme (EUSS) and makes clear which documents are necessary to complete Right to Work checks.
  • EEA Nationals will need to provide proof of status or evidence of a pending application under the EU Settlement Scheme.
  • If an employer finds that an EEA National employee has not applied for the EUSS after June 30, employers should direct the employee to apply as soon as possible.
  • It should be noted that the employee does not have to cease working.
  • Upon applying, the employer must obtain a copy of the certificate of application and contact the Employer Checking Service (ECS) to receive a Positive Verification Notice (PVN).
  • List A and B documents have been slightly changed to the following:
    • EEA national passports and national identification cards are no longer able to be evidence for Right to Work checks, except for Irish nationals for whom there are a separate entry in List A.   
    • Frontier worker permits have been added to the list of acceptable documents.


After the U.K. published a draft version of the 2021 Codes of Practice for Employers, updated guidance was provided for U.K. Right to Work checks. Changes have been made to acceptable documents in list A and B, as well as the procedure for EEA Nationals who have submitted applications for the EU Settlement Scheme.

Looking Ahead

Employers should note that starting Sept. 1, 2021, Right to Work checks can no longer be carried out virtually.

Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional.