EU Settlement Scheme: introduction for employers (accessible version)
Published 31 January 2020
For more information on the EU Settlement Scheme, including the support available, visit the GOV.UK guidance page.
‘EU citizens’ means EEA and Swiss citizens, who can all apply to the EU Settlement Scheme. EU citizens do not need to apply if they have indefinite leave to remain or enter, or are an Irish citizen, but they can if they want to.
1. What does the EU Settlement Scheme mean for employers?
EU citizens and their family members (including non-EU citizens) need to apply to the EU Settlement Scheme to continue to live, work and study in the UK.
Given the valuable contribution EU citizens make to businesses and organisations across the UK, employers may wish to communicate with their EU staff about the EU Settlement Scheme.
Your obligations as an employer:
- there is no legal obligation for you to communicate the EU Settlement Scheme, however, you may wish to direct employees to the information that the government is providing
- it is the responsibility of the individual to make an application to the EU Settlement Scheme. There is no requirement for the individual to inform you, as their employer, that they have applied or the outcome of their application. Likewise, you should not check that an employee has applied
- you have a duty not to discriminate against EU citizens in light of the UK’s decision to leave the EU as both a prospective and current employer. You cannot make an offer of employment, or continued employment, dependent on an individual having made an application
- you should not interpret information on the EU Settlement Scheme provided by the government and you must be careful not to provide immigration advice for your employees, unless you are qualified to do so
- the deadline for applications to the EU Settlement Scheme is 30 June 2021
2. Right to work checks
Job applicants can prove their right to work using any of the following:
- their valid passport or national identity card if they’re an EU, EEA or Swiss citizen
- their valid biometric residence card if they’re a non-EU, EEA or Swiss citizen family member
- their status under the EU Settlement Scheme using the Home Office’s online right to work checking service
There will be no change to right to work checks until 1 January 2021 and you will not be required to undertake retrospective checks on existing EU employees. For more information, read the right to work checklist.
3. What does the toolkit contain?
Download the below materials from GOV.UK and share them with EU citizens to inform them about the EU Settlement Scheme.
| Toolkit item | Purpose | Recommended use |
|---|---|---|
| PowerPoint presentation | Provides key information about the EU Settlement Scheme including support | Use in presentations or webinars about the EU Settlement Scheme to leadership, HR, line managers of EU citizens and EU citizens themselves. |
| Template letter to EU citizen employees | Sets out key information about the EU Settlement Scheme, including how to apply and where to get support. | Circulate to EU citizen employees, working with HR colleagues and line managers. |
| Leaflet (A5) | Provides key information about the EU Settlement Scheme and how to apply. | Issue leaflets via desk drops or in your communal areas. Share via email or include in your newsletters. |
| Poster (A3) | Raises awareness about the need to apply. | Display in communal areas in your organisation. Upload to internal portals or share via email. |
| Factsheet (A5) | Provides the key points of the EU Settlement Scheme on one side and lists the support available on the reverse. | Issue leaflets via desk drops or in your communal areas. Share via email or include in your newsletters. |
| Translated materials:
Factsheet (A5) Poster (A3) Video |
Provides information in 25 European languages and Welsh. | Issue leaflets via desk drops or in your communal areas. Share via email or include in your newsletters. |
| Digital and social media assets (e.g. videos and graphics) | Raises awareness and provides key information. | Upload to internal portals, share via email and on social media accounts (e.g. Facebook, Twitter and LinkedIn). |
4. Where do I go for more information?
The Home Office has set up various channels for you to access information about the EU Settlement Scheme:
- visit EU Settlement Scheme guidance
- view the employer toolkit page on GOV.UK to download communication materials to share with your EU citizen employees
- refer your employees to the application start page
