17 October 2022

Changes to Right To Work Checks From 1 October 2022

Share this

Tell Us What You Think?  

Changes to Right To Work Checks From 1 October 2022

During the Pandemic, the Home Office had made changes to the way the Right to Work (RTW) checks were being carried out. Owing to the Covid-19-related concession, the Home Office facilitated employers by conducting RTW checks remotely. Instead of meeting the employers in person for renewal of their status, the applicants could verify their documents through a video call.

These temporary changes or concessions have come to an end on 30 September 2022. From 1 October 2022, these adjusted and flexible ways of carrying out Right to Work Checks are replaced by the traditional manual method. Some new changes are also introduced that employers are required to follow.

Changes

British businesses have only three ways to perform RTW checks from 1 October 2022, which are as follows:

  • Conventional Manual Method
  • Online check through the Home Office’s online checking service
  • Using an Identification Document Validation Technology (“IDVT”) for RTW checks.

As per the new rules, the employer has to choose a method depending on the immigration status the employee holds and the document submitted.

  • Online Checks – Online checks can be carried out by the employer for migrant workers with Biometric Residence Card (BRC), Biometric Residence Permit (BRP), and Frontier Worker Permit holders. Moreover, people with e-visas are also eligible for online checks.
  • Manual Checks – Manual checks are for anyone who does not qualify for online checks, for instance, British and Irish passport holders.

Employers can also use the digital verification route, IDVT to verify documents and perform checks.

Manual Check

If the employer is not eligible for online checks, they have to conduct manual RTW checks. A manual check can be performed by following the three following steps:

  • Arrange an in-person appointment with the applicant/employee
  • Check the original documents and evidence stating their right to work in the presence of the applicant/employee
  • Keep copies of the documents for the record.

The list of documents accepted by the employer depends on the applicant and their individual circumstances. Generally, it includes a passport, registration as a British national, or

certificates of naturalisation.

Online Checks

Employers can perform an online RTW check if the applicant/employee holds a BRP, BRC, or FWP. The employer will need the prospective employee’s date of birth and share code to conduct an online check. The employer will need to:

  • Visit the Home Office online RTW checking website
  • Carefully check all the details available on the applicant’s profile page including photographs and documents
  • Save a copy of the document and the response provided by the online RTW check to have proof that the check was conducted.

IDVT Checks

This year, on 6 April 2022, the new legislation was introduced which allows employers to use Identity Service Providers (IDSPs) to carry out digital identity verification for British and Irish passport holders.

Unlike other methods, this is not free and requires the employer to pay a Home Office-approved provider to carry out such checks.

Since there is a cost involved in conducting checks this way, small and medium-sized business owners are likely to prefer in-person checks.

Why RTW Checks Should be Carried Out By the Employer?

Right to Work checks are important and failure to do so may result in employers facing penalties of up to £20,000. If the Home Office finds out that the employer is hiring workers who does not have a right to work in the UK, they can also impose criminal sanctions.

Employers gain statutory excuse by conducting RTW checks according to the Home Office’s requirements. It will therefore help employers save themselves from any penalties or criminal sanctions.

All the RTW checks should be performed by the employers in time and in compliance with the Home Office’s requirements to prevent any penalties/sanctions.

Disclaimer:

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

About the Author

Awais has an extensive experience of advising high net-worth individuals on all types of immigration matters, ranging from investor and entrepreneur visa applications to appeals and judicial reviews in the Immigration Tribunal and the High Court.

Signup for Updates


Contact Us