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Changes to right to work

2 November 2022

Following the Home Office’s decision that employers can no longer carry out right to work checks remotely, we have set out below important information on what you need to do going forward to avoid liability for illegal working in the UK –

Right to Work Checks

From 1 October 2022, employers must carry out one of the prescribed checks before employment commences:

1. A Home Office online right to work check:

There is no change to the Home Office right to work checks for EEA/non-EEA nationals with relevant UK immigration status.

2. A manual right to work check:

Employers must revert to carrying out in person checks on original documents included under the Home Office’s List A and List B. When checking the validity of documents, employers should ensure these are done in the presence of the person. This can be a physical presence in person or via a live video link. In both cases, the employer must be in physical possession of the original documents. The employer may not rely on the inspection of documents via a live video link or by checking a faxed or scanned copy of the document.

3. A right to work check using identification document validation technology (IDVT) through the services of an identity service provider (IDSP):

The Home Office will permit employers to use the services of a certified IDSP to carry out digital right to work checks on holders of valid biometric British or Irish passports or Irish passport cards. IDVT is available for employers to use to conduct digital right to work checks for employees who hold a valid British and Irish passport. Similar to Home Office online right to work checks, these checks require the employer to verify the biometric details and online check photo with the individual presenting themselves for work, either in person or via video call, to confirm that it is a true likeness, before they start work.

You can go to the government’s right to work employer’s guide for detailed guidance on right to work checks.

 

How can we support you?

We have partnered up with IDSP, an identity service provider to provide our clients with the digital identity verification element of right to work checks for British and Irish citizens who hold a valid passport (including Irish passport cards). This check can be performed as part of the background and referencing checks. We also provide or as a standalone service, as well as advice if you are unsure what to do.

The cost for this service is £15 per person.

If you would like to use this service, or if have any questions regarding the right to work changes or need some advice on any HR issue, please do not hesitate to contact our HR Consultants by calling 0203 6675 400 or by email at [email protected]

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