Only three more months to go until the transitional arrangements for right to work checks end on 30 September 2022.
Below are a few important things to know as a UK employer:
From 1 October 2022 employers can no longer rely on the transitional right to work check arrangements brought in due to the Pandemic (viewing documents remotely).
When carrying out the right to work checks, employers will need to use one of the following methods:
- Manual right to work checks, or
- The Home Office online checking service, or
- The Home Office employer checking service for applicants with a pending immigration application;
- Accredited providers of Identification Document Validation Technology (“IDVT”) (“IDSPs”)
Below is a useful summary:
|Evidence of Immigration Status||Right to Work method post 6 April 2022|
|BRP, BRC or Frontier Worker Permit holders||Employers no longer able to carry out manual right to work checks on BRP, BRC or frontier worker permit holders. Employers must carry out an online right to work check.|
|Those with e-visas or ‘digital’ status (eg EUSS or those who applied using the UK Immigration: ID Check app)||Employers must carry out an online right to work check.|
|Those not eligible for online checks (e.g. British passport holders or those with a visa vignette in their passport)||Employers can still use manual right to work checks. Covid-19 adjusted checks will be permitted up to 30 September 2022. IDVT now in force.|
Digital identity verification
Identification Document Validation Technology (“IDVT”) is a means of digitally verifying an individual’s identity. Employers can use accredited providers of IDVT (“IDSPs”) to verify eligibility for right to work checks, for those who hold either a valid British and Irish passport, or valid Irish passport card.
The list of providers was published this month and since then two further organisations have been accredited, bringing the total to four, two of which are B Corps, see List of IDSPs.
Employers should note that the manual method should be used for those who hold expired British or Irish passports.
It is important to note:
- When using an IDSP, employers must still confirm the image provided to the IDSP is a true likeness of the prospective employee.
- Crucially for non-British and Irish nationals, the use of IDSPs will not provide a means to check their right to work.
What should employers do now?
- Employers must ensure that their onboarding processes have been updated in preparation of the deadline and ensure staff undertaking the checks are up to speed.
- Consider the list of providers to see which would be suitable for your organisation.
- Flowcharts for the different types of checks may prove useful as an aide memoire for those dealing with right to work checks.
These changes are in keeping with the Home Office’s desire to digitise the UK immigration system. With an uptake of only 4 providers so far, it will be interesting to see how the market for IDSPs in this area will develop, and the additional costs that employers will have to bear in using IDSPs.
For more information, please contact Smruti Jeyanandhan or Aisha Choudhry