Are you prepared for the reintroduction of Right to Work Checks?

04 November 2022

Employers must reintroduce original document checks beginning on October 1, 2022, for British and Irish citizens. The Home Office offers an online Right to Work Checking Service for other candidates.

The procedure for verifying right to work documents was temporarily altered during the Covid-19 pandemic on March 30, 2020. These changes allowed for checks to be conducted via video call and the use of scans or photographs of the documents for verification rather than the originals. These temporary measures ended on September 30, 2022.

Manual Check

The original documents specified by the UK government in Lists A and B must be obtained by you, the employer, and once you have them, you must verify that the prospective employee who is presenting the documents is who they purport to be and is authorised to perform the type of work you are offering.

Additionally, you must make a copy of each document in a format that cannot be changed manually and save the copy safely, either electronically or in hard copy. "I certify that this is a true copy of the original document," is an example of what you should write on the copy after which you must sign and date it.

Or

Online Check

For those who have a Biometric Residence Permit (BRP), Biometric Residence Card (BRC), Frontier Worker Permit (FWP)[1] or an e-visa, an online check is required.

By using the share code provided by the prospective employee along with their date of birth, you will perform the online check by logging into the Home Office online portal service.

You must verify that the person in the photograph on the online right to work check is indeed true while the person is present. You must keep and store the proof of the online check.

Or

Use an Identity Service Provider (IDSP) 

You are not required to use an IDSP service, but you can if you want to perform remote Right to Work checks with one. In order to make certain that the checks adhere to the necessary requirements, the government keeps updating a list of providers that satisfy "a medium degree of confidence."

If the UK Border Agency conducts an investigation, the company will have to rely on these inspections to show that the necessary checks were made. If these standards are not met, penalties, including jail time, may apply. Call the Quest FREE helpline at 0116 274 9193 for more information if you need it.

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