European Union
Temporary protection for Ukrainian refugees extended until March 2026
On 25 June 2024, the European Council adopted a decision to extend the temporary protection until 4 March 2026 for Ukrainians refugees.
The temporary protection mechanism was triggered on 4 March 2022 – only a few days after Russian armed forces launched a large-scale invasion of Ukraine – and is due to run until 4 March 2025.
The extension decision does not change the decision of March 2022 in terms of the categories of persons to whom the temporary protection applies.
Temporary protection provides immediate and collective protection to a large group of displaced persons who arrive in the EU and who are not in a position to return to their country of origin.
The system alleviates the pressure on national asylum systems because applications do not have to be examined individually. People benefitting from temporary protection enjoy the same rights across the EU. These rights include:
- residence
- access to the labour market and housing
- medical assistance
- social welfare assistance
- access to education for children.
The EU’s temporary protection law sets minimum standards of protection. The actual level of assistance can vary from one member state to another. According to their national procedures member states may have to adopt additional implementation acts to formalise the prolongation.
United Kingdom
Updated guidance on right-to-work checks
On 21 June 2024, the Home Office issued updated guidance for employers on right-to-work checks.
The principal updates are as follows.
EU Settlement Scheme (EUSS).
The guidance confirms that employers no longer have to conduct repeat right-to-work checks on holders of pre-settled status under the EU Settlement Scheme (EUSS). Accordingly, a check on holders of pre-settled and settled status is only required before the work starts.
In May 2024, the government announced it would extend the duration of pre-settled status extensions from two to five years, and remove the pre-settled status expiry date from the digital profiles shown to third parties in the online checking services for Right to Work, Right to Rent and View and Prove; and also that employers, landlords and letting agents will not be required to conduct a further right to work or rent check where the individual remains in their employment or as part of that tenancy agreement.
Biometric Residence Permits (BRPs)
The guidance clarifies that an employer does not need to recheck an employee’s permission until their permission is due to expire, even if their physical BRP card is due to expire on 31 December 2024.
Physical residence documents are to be phased out by the end of 2024 and replaced with digital proof of immigration status (eVisas). Therefore, employers may see BRP cards with an expiry date of 31 December 2024, even though the holder has permission to stay in the UK beyond that date. The holder’s online profile will display the expiry date of their immigration permission.
Where 31 December was taken as the expiry date, a follow up check will be required.
Asylum claimants
The guidance clarifies the requirements for employers of asylum claimants with Application Registration Cards (ARCs) issued as proof that they have made an asylum claim.
Claimants can apply for and may be granted permission to work if their claim has been outstanding for more than 12 months through no fault of their own.
Those granted permission to work on or before 3 April 2024 are restricted to working in jobs on the shortage occupation list. Their ARC will state “work permission shortage OCC”.
Those granted permission to work on or after 4 April 2024 are restricted to working in jobs on the Appendix: Immigration Salary List. Their ARC will state “Permission to work para 360”.
Employers oof asylum claimants can accept an ARC provided that they verify the right to work and any work restrictions by obtaining a Positive verification notice (PVN) issued by the employer checking service (ECN). This excuse will expire within six months from the date of the PVN, before which expiry date a follow-up check must be carried out if the statutory excuse is to be retained.
