The change to the right to work checks is in line with the Home Office’s prioritisation of digitising the UK immigration system.
Here are our three top tips for employers to consider now:
From 1 October 2022 employers can no longer rely on the transitional right to work check arrangements brought in during to the pandemic. Checks will need to be done using 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; or
- Accredited providers of Identification Document Validation Technology (“IDVT”).
Have your onboarding processes been updated?
- Here is an overview of the type of checks to be conducted:
|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 (e.g., 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. From 1 October 2022, employers will no longer be able to rely on adjusted checks. Therefore, for this specific group employers will need to have to conduct the right to work check using the original documents and seeing them and the individual in person. As an alternative to manual checks solely for British and Irish citizens with valid passports, employers are able to use certified Identity Service Providers (IDSPs) to complete digital right-to-work checks.
Does your HR team know what types of documents to check?
- 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 has doubled since our last update but has only just reached double digits, see List of IDSPs.
It’s 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.
Manual right to work checks need to be used for those who hold expired British or Irish passports.
Have you considered the list of providers to see if any are suitable for your organisation?