25 Jan Right to work checks update
UK employers are required to check their potential employees’ right to work by following the procedures listed in the policy guidance below:
In particular, companies should conduct a right to work check prior to recruiting a worker, including British citizen in order to avoid discrimination, to ensure they are legally allowed to work in the UK.
Currently, companies can do a manual right to work checks by checking the employee’s physical ID documents, such as a current passport, or current biometric residence permit etc.
Alternatively, organisations can opt for the Home Office online right to work by using the official website: https://www.gov.uk/view-right-to-work. Please note that the employer will need the candidate date of birth and right to work share code to do an online checking.
However, the right to work checks will be amended as of 6 April 2022 and the relevant changes are listed below:
- Employers will no longer be able to do a manual check for migrants who have a standard work/residence permit. For instance, the individual holds a BRP card or frontier worker permit;
- Adjusted right to work checks which were intended as a temporary concession during the COVID-19 pandemic, will end on 5 April 2022;
- A new digital identity checking system will be introduced. Migrants can submit images of their personal documents rather than bring the original documents, and use ‘Identity Document Validation Technology (IDVT)’ instead of a scan or a copy:
From 6 April 2022, certified identity service providers (IDVPs) will be able to use IDVT to conduct a right to work checks on behalf of a British and Irish citizens. However, this might incur a fee.
Please note that if the organisation is found to be employing someone illegally, and the company has not carried out the prescribed checks, the employer may face sanctions including:
- A civil penalty of up to £20,000 per illegal worker;
- Criminal prosecution;
- Sponsor Licence suspension or revocation;
- Name and shame with the Inclusion on the Home Office’s civil penalty offender list.
Contact Our Immigration Team
For expert advice regarding any aspect of the UK visa application, please contact our immigration team on 0203 384 3075.
