Changes to right to work checks
26 October 2022
In recent news, it has been announced that from 30 September 2022 in order to be valid right to work checks must follow the process outlined below.
It is important to note that the concessions allowing for checks to be carried out via video link will come to an end.
British or Irish
Either;
Identity service provider check, where the provider checks the validity of the employees’ documents, provides verification information to the employer, employer checks details provided by the provider to match individual and employer retains a copy of the information. The right would be continuous and there are no follow up checks required.
Or
Manual check, where the employer obtains original documents and checks that the documents are genuine, the photos and name match, the expiry dates and that the individual has the right to do the work in question. A copy must be taken and retained.
Rest of the world with BRP, BRC, eVISA, digital status or Frontier Worker Permit
The home office online service check; the individual provides a share code to the employer; employer inputs this along with individuals date of birth, employer checks that the photos match, that the individual has the right to do the work in question and the time limit on the right to work. A copy of the right to work check must be retained. The check will specify whether the individual’s right to work is continuous or limited which will determine if a follow up check is required. If the individual’s right to work is continuous there is no requirement to carry out a follow up check. If it is time limited, the right to work should be checked before expiry of immigration permissions.
Rest of the World without BRP, BRC, eVISA, digital status or Frontier Worker Permit
Manual check. The employer obtains original documents and checks the documents are genuine, the photos and name match, the expiry dates and that the individual has the right to do the work in question. A copy must be taken and retained.
The right to work is dependent on the category of document.
List A document – Continuous right to work
• Passport (current or expired) showing holder is British or a citizen of the UK and colonies with the right of abode in the UK.
• Irish passport or passport card.
• Valid passport endorsed to show the holder is exempt from immigration control, allowed to stay indefinitely in the UK, has the right of abode in the UK, or has not time limit on their stay in the UK.
List B Group 1 document – Time limited right to work until expiry of the immigration permission
• Current passport showing that the holder is allowed to stay in the UK and can do the type of work in question. Including an endorsement with no work-related conditions attached. Any prohibition or restriction on work will be explicitly stated on the endorsement.
List B Group 2 document – Time limited right to work for 6 months
• A Positive Verification Notice (PVN) issued by the Home Office Employer Checking Service to the employer which indicates that the individual can stay in the UK and do the work in question.
• A Home Office document showing the holder made an EU Settlement Scheme (EUSS) application on or before 30 June 2021, together with a PVN.
• A Certificate of Application showing the holder made an EUSS application after 30 June 2021, together with a PVN.
• An Application Registration Card together with a PVN.
A follow up check is not required in the case of continuous right to work. However, when the right to work is time limited a follow up check is required before the expiry of immigration permissions, and where the time is limited for 6 months a follow up check is required before expiry of Employer Checking Service Positive Verification Notice (PVN).
Contact our employment team on 01254 828300 if you require more information or find out more about us here.
