EU, EEA and Swiss nationals with pre-settled status under the EU Settlement Scheme (EUSS) have the right to work in the UK — but their status is time-limited and must be checked via the online share code service. As their employer, you must conduct a follow-up right-to-work check before their pre-settled status expires. If you do not, your statutory excuse lapses even if your original check was valid.
What is pre-settled status?
Pre-settled status was granted under the EU Settlement Scheme to EU, EEA and Swiss nationals who were living in the UK before 31 December 2020 but had not yet accumulated 5 years of continuous residence.
Holders of pre-settled status have the right to live and work in the UK. However, unlike settled status (which is permanent), pre-settled status is time-limited — it expires 5 years from the date it was granted.
Pre-settled status holders must either apply to switch to settled status before their pre-settled status expires, or their right to live and work in the UK ends.
How to check an EU worker's right to work
EU, EEA and Swiss nationals do not have a physical document you can accept as right-to-work evidence. Their immigration status is digital-only. You must use the online share code service for all EU workers — whether they have settled or pre-settled status.
The process:
- The worker generates a share code at gov.uk/view-prove-immigration-status
- You check the code at gov.uk/view-right-to-work using the code and their date of birth
- The result confirms their status (settled or pre-settled) and any expiry date
- Screenshot the result and keep it on file
For workers with settled status, the result will show no expiry date — no follow-up check is required.
For workers with pre-settled status, the result will show an expiry date — a follow-up check is required before that date.
Pre-settled vs settled status — employer comparison
| | Settled status | Pre-settled status | |---|---|---| | Right to work | Permanent | Time-limited (expires) | | Physical document | None — digital only | None — digital only | | Follow-up check needed | No | Yes — before expiry | | Can switch to settled? | N/A (already settled) | Yes — once 5 years residence reached | | What happens at expiry? | No expiry | Right to work ends if not switched |
When does pre-settled status expire?
Pre-settled status expires 5 years from the date it was granted — not 5 years from when the worker arrived in the UK. Grants were made at different times, so the expiry date varies by individual.
As an employer, the share code result will show the specific expiry date for that worker. Note this date, record it, and set a reminder to conduct a follow-up check before it arrives.
What happens when pre-settled status expires?
If a pre-settled status holder has accumulated 5 years of continuous residence in the UK, they can apply to switch to settled status. If their application is submitted in time (before their pre-settled status expires), they may be protected by a grace period while the application is decided.
If they have not yet accumulated 5 years of residence and their pre-settled status expires without an extension, their right to live and work in the UK ends.
For you as an employer:
- If the worker has a new grant of settled status, conduct a fresh share code check — the result will show unlimited right to work
- If the worker has a pending application, use the Employer Checking Service (ECS) to confirm their continued right to work
- If the worker's status has expired and there is no pending application, seek legal advice before allowing them to continue working
The Supreme Court ruling on pre-settled status lapsing
In 2022, the Upper Tribunal ruled that pre-settled status could lapse automatically if the holder was outside the UK for more than 6 months — even if they had not reached the 5-year threshold for settled status. The Home Office subsequently changed the rules so that pre-settled status no longer lapses automatically due to absences.
However, workers with extended absences may find that the absence period does not count towards the 5-year residence required for settled status — which could affect when they can apply to switch.
For right-to-work purposes, the share code result is the authoritative source. If it shows a valid right to work, the check is valid.
Tracking pre-settled status expiry dates
Pre-settled status expiry is one of the most common right-to-work compliance gaps in UK businesses with EU workforces. The original checks were completed in good faith — but without a system to track the expiry dates, follow-up checks are missed.
KornerIQ records the expiry date from each share code check and sends alerts at 90, 60, 30 and 7 days before each deadline — so no pre-settled status expiry date falls through the cracks.
Frequently asked questions
Do I need to check right to work for EU workers who joined before Brexit? Yes. The right-to-work duty applies to all employees, regardless of when they joined. If you have EU workers whose right to work has not been checked via the online share code service since the EU Settlement Scheme opened, those checks should be conducted as soon as possible.
Can an EU worker show me their passport as proof of right to work? No. Since 1 July 2021, EU passports and national identity cards are no longer accepted as right-to-work evidence. All EU, EEA and Swiss nationals must use the online share code service.
What if my EU worker does not have a UKVI account to generate a share code? This is unlikely for anyone with settled or pre-settled status — the UKVI account is how their status is held. If they are having difficulty, they should contact the UKVI helpline on 0300 790 6268. In the meantime, use the Employer Checking Service.
How long is pre-settled status valid? 5 years from the date it was granted. The exact date is shown in the share code result.
Can I employ someone who has applied for pre-settled status but not yet received a decision? If they applied in time (before their existing leave expired), they may have a right to work during the application period. Use the Employer Checking Service to verify.