What changed for EU citizens after Brexit?
Before 31 December 2020, EU citizens could work in the UK without restriction. They did not need visas, work permits, or employer sponsorship. Free movement meant exactly that – the freedom to live and work across member states.
That ended when the Brexit transition period closed. EU citizens who arrived in the UK before that date could apply for settled or pre-settled status under the EU Settlement Scheme. Those arriving after face the same immigration rules as everyone else. For employers, this means Right to Work checks for EU citizens are now mandatory in exactly the same way they are for non-EU nationals.
Here is what trips up many employers: the rules are not complicated, but the documents have changed. You can no longer accept EU passports or ID cards as standalone proof of the right to work. The process is different now, and getting it wrong carries serious penalties.
Related reading: Top 5 Right to Work mistakes (and how to avoid them)
The EU Settlement Scheme: settled and pre-settled status
EU citizens who lived in the UK before 31 December 2020 had until 30 June 2021 to apply for status under the EU Settlement Scheme. Most applications have now been processed, and the vast majority of eligible applicants received either settled or pre-settled status.
Settled status
Granted to EU citizens who had lived in the UK for five continuous years before the deadline. Settled status gives indefinite leave to remain – no expiry date, no restrictions on employment. Someone with settled status can work for any employer in any role.
Pre-settled status
Granted to EU citizens who had not yet reached the five year threshold. Pre-settled status is valid for five years from the date of issue. Holders must apply to convert to settled status before it expires, or they will lose their right to work in the UK.
This is where employers need to pay attention. Pre-settled status does expire. If you employ someone with pre-settled status, you need a system to track when their status ends and verify they have successfully converted to settled status.
See how it works: MyRightToWork tracks expiry dates and sends automatic reminders before status lapses.
How to verify Right to Work for EU citizens
The verification process depends on when the person arrived and what status they hold.
EU citizens with settled or pre-settled status
You cannot verify their status by looking at physical documents. There is no card, no stamp, no visa sticker. Instead, you must use the Home Office online checking service.
The process:
- Ask the employee to generate a share code at gov.uk/view-prove-immigration-status
- The employee gives you the share code and their date of birth
- Enter these details at gov.uk/view-right-to-work
- The system shows their immigration status and right to work
- Download or print the result and retain as evidence
Share codes are valid for 90 days, but the check itself is instantaneous. You will see immediately whether the person has the right to work and any restrictions that apply.
Irish citizens
Irish citizens are the exception. They do not need settled status because they have the right to work in the UK under the Common Travel Area agreement, which predates EU membership and continues post-Brexit. You can verify an Irish citizen right to work using their Irish passport or passport card – no online check required.
EU citizens who arrived after December 2020
These individuals need a visa to work in the UK, just like nationals from any other country. Most will need employer sponsorship under the Skilled Worker route or qualify through family connections or other visa categories.
Common mistakes employers make
Accepting EU passports as proof
This was valid before Brexit. It is not anymore. An EU passport alone does not prove right to work. You need the online check to verify their immigration status. The only exception is Irish passports.
Not tracking pre-settled status expiry
Pre-settled status is not permanent. If it expires and the holder has not converted to settled status, they lose the right to work. Employers who do not track these dates risk employing people illegally.
MyRightToWork monitors expiry dates automatically and alerts you before deadlines.
Assuming long tenure means compliance
Someone who has worked for you for years still needs their right to work verified under current rules. If you have not done an online check for EU employees, you may not have valid evidence of their status.
Penalties for getting it wrong
Employing someone without valid right to work evidence can result in civil penalties of up to £45,000 per illegal worker for a first breach, rising to £60,000 for repeat offences. These penalties increased significantly in 2024, and the Home Office is actively enforcing them.
The defence is straightforward: conduct proper checks, at the right time, in the right way, and keep the evidence. If you can demonstrate you followed the prescribed checking process, you have what is called a statutory excuse – protection against penalties even if the employee turns out not to have had the right to work.
FAQs: Right to Work checks for EU citizens
Can I still accept EU ID cards?
Not as standalone proof of right to work. EU ID cards ceased to be valid for this purpose on 1 October 2022. You must verify status through the Home Office online service for anyone relying on EU Settlement Scheme status.
What if the online service is down?
The Home Office advises waiting and trying again. Do not allow someone to start work until you have completed the check. If there is a genuine system outage, document your attempts and complete the check as soon as the service is available.
Do I need to check EU citizens who have worked for me for years?
There is no legal requirement to re-check existing employees. However, if you do not have compliant evidence of their current status, you would not have a statutory excuse if investigated. Many employers choose to update their records for this reason.
Getting Right to Work right for EU citizens
The rules for Right to Work checks for EU citizens are not difficult, but they are different from what many employers were used to before Brexit. The key points: use the online service, track expiry dates for pre-settled status, and keep proper records.
Ready to simplify your Right to Work checks? Join the Founding Partner waitlist to see how Compliance Cover automates verification, tracks expiry dates, and maintains audit-ready records.