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01 Sep Right to work checks update

Posted on September 1, 2021 in Working in the UK by
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Employers should conduct a right to work check before they start employing a migrant to ensure he/she is legally allowed to work in the UK. There are two types of right to work checks: a manual document-based check and an online check.

On 27 August 2021, the Home Office announced that the manual right to work checks to be completed remotely will now be extended to 5 April 2022.

Employers can carry out manual right to work checks via video calls. Migrants will be able to send scanned copies of their supporting documents or a photo of documents for checks using email or a mobile app instead of sending their original documents. In addition, organisations should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents: https://www.gov.uk/employee-immigration-employment-status.

Employers can check prescribed documents via the following website: https://www.gov.uk/view-right-to-work.

Please note that if a company is found to be employing someone illegally, and the employer has not carried out the prescribed checks, the company may face sanctions including:

  • A civil penalty of up to £20,000 per illegal worker;
  • In serious cases, a criminal conviction carrying a prison sentence of up to 5 years and an unlimited fine;
  • Closure of the business and a compliance order issued by the court;
  • Disqualification as a director;
  • Not being able to sponsor migrants;
  • Seizure of earnings made as a result of illegal working; and
  • Review and possible revocation of a licence in the alcohol and late-night refreshment sector and the private hire vehicle and taxi sector.

For more detailed information, please refer to the official websites:

https://www.gov.uk/government/collections/right-to-work-checks-employer-guidance,

https://www.gov.uk/government/publications/right-to-work-checks-employers-guide,

https://www.gov.uk/guidance/coronavirus-covid-19-right-to-work-checks.

Contact Our Immigration Team

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

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.