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What happens if an employer finds out that an employee didn’t apply under the Scheme or had their application refused?

If the employer knows or has reasonable cause to believe that the EU national has not made a valid application for status under the EUSS before 30 June 2021 and either does not have reasonable grounds for missing the EUSS application deadline or has not secured right to work under an alternative immigration route, then if they continue to employ the individual they risk jeopardising their statutory excuse.

We recommend that specific advice be sought from our immigration experts in these circumstances.

Read more about this and other questions in our

Right to work checks and civil penalties section.

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Disclaimer

Given the fast pace of change, we would stress that this information is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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