The way employers carry out right to work checks has changed from today

Starting from 6 April 2022, in order to establish a statutory excuse again a civil penalty, it is mandatory for employers in the UK to complete Right to Work (RTW) checks using the Home Office’s online right to work checking system for individuals holding a current Biometric Residence Permit (BRP), Biometric Residence Card (BRC), status under the EU Settlement Scheme, Frontier Worker Permit or an eVisa. This means employers can no longer accept or check a physical BRC, BRP or FWP as proof of Right to Work.

It has been a long standing requirement that employers must check their employees' right to work in the UK before the employment commences. Carrying out this check in a prescribed way will give the employer a statutory excuse against a civil penalty in the event that an employee is found to be working illegally. Failing that, the employer could face severe sanctions including a civil penalty of £20,000 per each illegal worker.

Traditionally the Right to Work checks are carried out by inspecting the physical document presented by the employee as proof of their right to work. As part of the Home Office's move towards a UK immigration system that is 'digital by default', the Home Office online right to work check service was introduced. It currently only supports a certain range of individuals but it is expected that this service will gradually expand to cover more visa types and immigration documents issued by the Home Office.

In March 2022, the Home Office published new Right to Work check guidance for employers, making the online right to work check the only acceptable method when conducting checks on employees holding certain status. This, as planned, has become effective from 6 April 2022.

It is however not required for employers to conduct retrospective checks on biometric card holders who, before 6 April 2022, used their physical card to demonstrate their right to work. Employers will maintain a statutory excuse against a civil penalty if they conducted initial checks in line with the guidance that applied at the time the check was made. 

There are basically 3 steps to conduct an online RTW check:

1. Use the Home Office online right to work checking service (the View a job applicant’s right to work detail on GOV.UK) in respect of an individual,  which need to confirm they are entitled to do the work in question.
2. Satisfy yourself that any photograph on the online right to work check is of the individual presenting themselves for work.
3. Retain a clear copy of the response provided by the online right to work check (storing that response securely, electronically or in hardcopy) for the duration of employment and for two years afterwards.

We hope this article can provide a brief overview for our clients to understand the RTW checks and the new changes. We will keep you updated with any further news on this topic.

If you need any immigration advice, please do not hesitate to Contact Us.