31 Mar Right to work check updated

Employers should conduct a right to work check prior to employing an individual to ensure that she/he is legally allowed to work in the UK.

On 11 March 2022, the Home Office updated the employer’s guidance in relation to the right to work checks announcing new regulations that will become effective on 6 April 2022.

Employers will need to check an employee’s right to work through one of the following options:

1. A manual right to work check;
2. A right to work check using IDVT via the services of an IDSP;
3. A Home Office online right to work check.

Organisations can also use the Employer Checking Service: https://www.gov.uk/employee-immigration-employment-status, when a migrant has an outstanding application, administrative review or appeal, or if their immigration status requires verification by the Home Office, for example in the case of Crown Dependencies.

Conducting a manual document-based right to work check

Employers must obtain original documents from either List A or B of the acceptable documents at Annex A. For instance, a passport (current or expired) showing the holder is a British citizen or an Irish citizen; a current Immigration Status Document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

Once the company has received the original documents, they must be satisfied that the documents are genuine. The employer must check that:

• photographs and dates of birth are consistent across documents and with the person’s appearance in order to detect impersonation;
• expiry dates for permission to be in the UK have not passed;
• any work restrictions to determine if the person is allowed to do the type of work on offer;
• the documents are genuine, have not been tampered with and belong to the holder;
• the reasons for any difference in names across documents can be explained by providing evidence (for example, original marriage certificate, divorce decree absolute, deed poll). These supporting documents must also be photocopied and a copy retained.

In addition, the employer must make a clear copy of each document electronically or in a hardcopy, and also retain a secure record of the date on which they made the checks.

Using an Identity Service Provider (IDSP)

From 6 April 2022, employers will be able to use Identity Document Validation Technology (IDVT) via the services of an IDSP to complete the digital identity verification element of right to work checks for British and Irish citizens who hold a valid passport (including Irish passport cards).

Conducting a Home Office online right to work check

Employers can also do an online check by using the online service via the official website: https://www.gov.uk/view-right-to-work.

Some migrants who have been issued with an eVisa and can only use the online service to prove their right to work.

Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP) holders are also only able to evidence their right to work using the Home Office online service. This means employers cannot accept or check a physical BRC, BRP or FWP as proof of right to work.

Extension to COVID-19 temporary adjusted right to work checks

From 6 April 2022, employers will be able to use Identification Document Validation Technology (IDVT) to carry out digital checks on behalf of British and Irish citizens who hold a valid passport (or Irish passport card).

The Home Office has announced that the end date of the COVID-19 temporary adjusted right to work checks will be extended to 30 September 2022.

The following temporary changes were made on 30 March 2020 and remain in place until 30 September 2022 (inclusive):

• checks can currently be carried out over video calls;
• job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals;
• employers should use the Home Office Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents.

Up to and including 30 September 2022, if the company is carrying out a temporary adjusted check, they must:

• ask the worker to submit a scanned copy or a photo of their original documents via email or using a mobile app;
• arrange a video call with the worker – ask them to hold up the original documents to the camera and check them against the digital copy of the documents, record the date you made the check and mark it as “adjusted check undertaken on [insert date] due to COVID-19”;
• if the worker has a current BRP or BRC or has been granted status under the EU Settlement Scheme or the points-based immigration system, the employer can use the online right to work checking service while doing a video call – the applicant must give the company permission to view their details.

Please note that from 6 April 2022, all biometric card holders will evidence their right to work using the Home Office online service only. Employers will no longer be able to accept physical cards for the purposes of a right to work check even if the latter shows a later expiry date.

Contact Our Immigration Team

For expert advice regarding any aspect of the UK visa application, please contact our immigration team on 0203 384 3075.