The Right to Work checks we undertake on European nationals remain the same up until 1 July 2021. This means a European national presenting a European passport or national ID card, is classified as a List A document holder.
This is because European nationals resident in the UK by 31 December 2020 have until this summer (30 June 2021) to apply for Pre-Settled or Settled status.
However, when offering employment, it is important that we identify any European nationals that will not be eligible for Pre-Settled or Settled status and will therefore require an appropriate UK work visa, such as Skilled Worker or Global Talent visa.
The following wording can be used by department/faculty/college in correspondence with successful candidates:
If you are a British or Irish national you automatically have the right to work in the UK.
If you are an EEA or Swiss national, or the family member of an EEA or Swiss national, who was resident in the UK before 31 December 2020 you have the right to work in the UK. If you have not already done so you will have to apply for Pre-Settled or Settled status before 1 July 2021 to be able to continue your lawful residence in the UK after that date. The University Staff Immigration Team provides guidance on applying for Pre-Settled or Settled status, and can help with queries.
If you are an EEA or Swiss national but you did not move to the UK before 31 December 2020, or you are a citizen of any other country, you may need a UK visa before taking up employment. We will discuss which visa route may be appropriate and will then help you through the application process, with advice and guidance from the Staff Immigration Team.
Reminders
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Irish citizens can move freely and take up work in the UK, they do not require a visa
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A European passport/European ID card can be relied upon as a List A document up until 30 June 2021
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A European national who holds Pre-Settled status can provide this as evidence of Right to Work. They will need to provide a share code for you to electronically confirm their status with the Home Office. However this is a List B document, as it is issued for 5 years. This is why it is recommended until 1 July 2021 to continue to conduct the Right to Work check on a European passport/European ID card
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If we have sponsored a European national under the Skilled Worker, Tier 5 or Global Talent visa (because we have identified they are not eligible for Pre-Settled or Settled status) we will need to retain a copy of their visa status, and they are considered a List B visa holder
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No retrospective checks will be required on European nationals who start working for us prior to 1 July 2021 to ensure they apply or hold Pre-Settled or Settled status
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Any European employee formally notifying the department/faculty/college that they do not intend to apply for the Pre-Settled or Settled status should be raised to james.baker@admin.ox.ac.uk
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From 1 July 2021 the Right to Work requirements will change, and European nationals will need to evidence their Pre-Settled or Settled status or hold a UK visa permitted work before commencing employment. Further guidance on these changes will be circulated in due course.
