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14 May Right to work checks update

Posted on May 14, 2021 in Working in the UK by
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With the COVID-19 lockdown restrictions eased, employers must check potential employees’ right to work by following the employer’s guide from 21 June 2021:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/969123/An_employer_s_guide_to_right_to_work_checks.pdf

Employers should conduct a right to work check BEFORE they recruit a person to ensure they are legally allowed to work in the UK. Organisations will no longer accept a scanned copy or a photo of original documents, they must check the original documents. Alternatively, organisations can use the Home Office online right to work by using the official website: https://www.gov.uk/view-right-to-work. Employers can carry out a check via video call by using this service. However, the employee must give the permission to view their details in the form of a share code.

Employers can use the right to work service under the EU Settlement Scheme (EUSS) or the Points-Based System (PBS). Please be advised that there is no requirement to carry out retrospective checks on those who had a COVID-19 adjusted check between 30 March 2020 and 20 June 2021 (inclusive).

Right to work checks for EEA nationals will not change until after 30 June 2021. Until then, EEA nationals can use their passport or national identity card to evidence their right to work. From 1 July 2021, all EEA citizens will be required to demonstrate they have a right to work through evidence of their immigration status, rather than their nationality, using the online service.

Please note that if the organisation is found to be employing someone illegally, and you have 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.

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.