How to Perform Right To Work Checks: Employers’ Guide

What is a Right to Work Check

UK employers are legally required to conduct Right to Work Checks. This is done to verify that their prospective employees have the appropriate and valid permission to work in the United Kingdom. This requirement is set out under the Immigration, Asylum and Nationality Act 2006, specifically Sections 15 to 25, and is supported by Home Office guidance that is updated regularly.

By conducting a Right to Work Check in accordance with the latest government guidelines, employers protect themselves from potential civil and criminal liabilities. Properly performed checks provide what is known as a ‘statutory excuse’, meaning that if an individual is later found not to have the correct permissions, the employer can avoid penalties—provided that they completed the checks accurately and before employment began. The consequences for not performing these checks can be significant, with fines reaching as high as £60,000 and the possibility of criminal prosecution.

The process involves confirming an individual’s identity and immigration status, ensuring compliance with UK employment laws and safeguarding the business against enforcement actions. The checks can be conducted through various methods, including physical document verification or using digital tools that streamline compliance for employers.

Is it Mandatory to Run Right to Work Checks as an Employer?

Yes, Right to Work Checks are mandatory in the UK. To prevent illegal working and comply with immigration laws, employers are required to conduct these checks. The government outlines detailed protocols for employers on how to document and maintain records of these checks.

Consequences of Failing to Comply with Right to Work Regulations

Neglecting to adhere to Right to Work regulations can result in significant repercussions for companies. The possible penalties for failing to comply include:

• Civil Penalties: Employers can face substantial fines for employing individuals without the legal right to work. The penalties can reach up to £20,000 per breach, with higher fines possible for repeated offences.
• Criminal Prosecution: In more severe cases, employers may be subject to criminal charges, which could result in unlimited fines or imprisonment, especially if the employer knowingly hires someone without the right to work.
• Sponsor Licence Suspension or Revocation: Non-compliance can lead to the suspension or revocation of a Sponsor Licence, potentially causing visas for sponsored workers to be curtailed and resulting in significant operational disruption.
• Reputational Damage: Failing to comply with Right to Work laws can damage a company’s reputation considerably. Inclusion on the Home Office’s civil penalty offender list can lead to negative publicity and loss of trust among customers, which may have long-term effects on the company’s market position.
• Operational Impact: Non-compliance can disrupt business operations, including the loss of key employees found working illegally and the diversion of resources to address legal issues arising from breaches.

Who Needs a Right to Work Check?

These checks apply to all employers in the UK. Before employment begins, every worker—whether permanent, temporary, part-time, or casual—must have their right to work verified. This process must be applied consistently to all candidates, ensuring non-discriminatory practices irrespective of nationality, race, or ethnicity.

The Right to Work Check must be carried out for the following individuals:

• Permanent Employees: All individuals hired on a permanent basis must have their eligibility verified before starting work.
• Temporary and Seasonal Workers: Employers must conduct checks for temporary staff, including those employed for short-term projects or seasonal work.
• Part-Time Workers: Part-time employees, irrespective of their weekly hours, are subject to the same verification process as full-time employees.
• Casual Workers and Zero-Hours Contracts: Individuals engaged on casual or zero-hours contracts also need to have their right to work verified.
• Contractors and Freelancers: Employers must verify the work eligibility of contractors and freelancers if the nature of the work means the employer controls how it is performed.
• Volunteers: In certain cases, volunteers and unpaid interns may require a Right to Work Check, particularly if there is a contractual obligation similar to paid employment.

Additionally, employers need to be vigilant in more complex scenarios:

• EU, EEA, and Swiss Citizens: Post-Brexit, citizens from these regions are no longer automatically eligible to work in the UK and must have their status checked under the EU Settlement Scheme or possess a valid visa.
• Student Visa Holders: International students often have restrictions on work hours during term time, which employers need to verify.
• Seasonal Agricultural Workers: Workers in agriculture may require specific visas, such as the Seasonal Worker Visa, which must be verified by the employer.
• Sponsored Workers: Individuals under sponsored work routes, such as the Skilled Worker visa, must have their sponsorship and visa details verified, including any conditions on additional employment.
• Family Members of Migrants: Family members of those with the right to work may also be eligible for employment, but specific visa conditions must be confirmed.
• Asylum Seekers and Refugees: Asylum seekers may have limited work rights, requiring Home Office permission, whereas refugees have the same work rights as UK citizens. Special rules apply depending on when permission was granted and the type of role they can undertake.

Types of Right to Work Checks

Employers in the UK have several methods available for verifying an individual’s right to work, and the appropriate type depends largely on the employee’s circumstances and immigration status. Understanding these options ensures that businesses remain compliant and avoid legal pitfalls.

• Manual Right to Work Checks: This traditional method involves physically verifying the employee’s original documents. Employers must meet with the employee in person to inspect documents such as passports or residence permits. The document holder must be present to validate authenticity, and copies should be made and securely stored as proof of compliance.
• Online Right to Work Checks: For individuals holding biometric residence permits, EU Settlement Scheme status, or visas with a share code, the UK government’s online checking service can be used. This service confirms eligibility through a secure system that requires the employee to provide a share code, which is then used by the employer to verify their right to work.
• Digital Verification via Identity Service Providers (IDSPs): Employers also have the option to use certified digital verification services, especially for British and Irish nationals. This process involves ID validation technology facilitated by approved Identity Service Providers, which can streamline the process and reduce the administrative burden, while ensuring accuracy.
• Employer Checking Service: When an employee is unable to present the required documents, possibly due to an ongoing application or appeal with the Home Office, it is mandatory for employers to use the Employer Checking Service. This is an essential resource for determining eligibility in cases that fall outside the scope of standard checks, offering a statutory excuse when conducted properly.

How to Do a Manual Right to Work Check

To properly conduct a manual Right to Work Check and ensure compliance while establishing a statutory excuse, employers need to follow several essential steps to verify an individual’s eligibility to work in the UK:

1. Obtain the Original Documents: Employers must first obtain the original documents that prove the individual’s right to work. These documents should come from List A or List B of acceptable documentation as detailed in the Home Office’s guidance. Examples include a passport, a birth certificate, or a certificate of naturalisation.
2. Meet the Individual in Person: The employee must present their original documents either in person or via a live video call. It is necessary for employers to confirm the authenticity of the documents and verify that they belong to the individual presenting them. For non-British or Irish nationals, employers must also ensure that visa or permission details match the requirements of the job being offered.
3. Verify the Document Details: Employers must carefully examine the documents for authenticity. This includes:
   • Ensuring that the photograph matches the individual in front of them.
   • Feeling the texture of the document. Familiarity with genuine documents helps employers detect alterations or forgeries—such as inconsistencies in holograms or tampered security features.
   • Confirming that the document details (e.g., name, date of birth) are consistent across all documents presented.
   • Checking expiry dates to verify that any permissions are still valid for the type of work being offered.
   • For passports, all pages must be checked to ensure completeness.
4. Check Work Restrictions: If the individual holds a visa with specific restrictions, such as limited working hours (e.g., student visas), employers must verify that the role being offered complies with those conditions. For students, this may also involve verifying term dates to understand their allowable working hours.
5. Take and Retain Copies: It is essential for employers to keep legible copies of all the documents used to verify an individual’s right to work. The copies must include all relevant information—such as photographs, expiration dates, and visa endorsements—to ensure full compliance. It is important to clearly note the date on each document copy when a check is conducted. Employers are required to store these records securely for the duration of the employee’s time at the company, plus an additional two years after the individual has left.
   
6. Record the Date of the Check: It is essential to clearly record the date the check was conducted, either by annotating the copies of the documents or by maintaining a separate, securely stored record. This step is crucial in establishing a statutory excuse in case of future inspection or compliance audits.

Acceptable Right to Work Documents

The acceptable documents for verifying an individual’s right to work in the UK vary based on their immigration status. According to the Home Office, these documents are categorized into two main lists: List A and List B. Each of these lists is further divided into two groups: Group 1 and Group 2.

• List A: Covers individuals who have a permanent right to work in the UK. This includes British citizens, individuals with indefinite leave to remain (ILR), and those granted settled status under the EU Settlement Scheme.
  Acceptable documents under List A:
  • A passport (current or expired) showing the person is a British citizen or a citizen of the UK and Colonies with the right of abode.
  • A passport or passport card confirming Irish citizenship.
  • A certificate of naturalisation or registration as a British citizen, along with proof of a permanent National Insurance (NI) number.
  • Birth or adoption certificates issued in the UK, Channel Islands, Isle of Man, or Ireland, paired with an official document showing both the NI number and the individual’s name.
• List B Group 1: Refers to individuals with a limited right to work in the UK, requiring follow-up checks as their leave is time-bound.
  Examples of acceptable documents:
  • A valid passport with an endorsement confirming that the individual has permission to stay in the UK for the work role specified.
  • An Immigration Status Document that confirms their permission to stay in the UK, alongside proof of their NI number.
• List B Group 2: Includes individuals who have a temporary right to be in the UK, requiring follow-up checks every six months due to the limited timeframe of their stay.
  Acceptable examples:
  • A Certificate of Application under the EU Settlement Scheme, which must be accompanied by a Positive Verification Notice from the Home Office.
  • An Application Registration Card that must be verified through the Home Office to confirm work eligibility.

Key Points for Employers:

• Employers must take and retain copies of these documents for the duration of employment, and for a further two years after the individual has left their role.
• For List A documents, these checks are a one-time requirement, as the individual has a permanent right to work.
• For List B documents, follow-up checks are required either upon the expiry of the individual’s visa (Group 1) or every six months (Group 2) to maintain compliance.
• Employers must ensure all records are securely stored and easily accessible in the event of a Home Office audit.

Conducting Manual Right to Work Checks

To comply with UK employment regulations, conducting a manual Right to Work Check is essential for employers to establish a statutory excuse. The following steps outline how employers can effectively perform this process to ensure compliance:

1. Obtain the Original Documents: The first step involves obtaining the original documents that prove the individual’s right to work. These should be original documents, such as a passport, residence permit, or other documents from List A or List B. The employer must verify the legitimacy of these documents before employment begins.
2. Verify the Identity of the Individual: Employers must meet the prospective employee in person or via a live video link to verify their identity. During this meeting, they must confirm that the person presenting the documents is the individual featured in the documents.
3. Check the Authenticity of the Documents:
   • Ensure the documents are genuine and have not been tampered with. Familiarity with the security features of official documents, such as holograms or watermarks, is helpful here.
   • The photographs and date of birth on the documents must match the appearance and details of the individual presenting them.
   • Check for any inconsistencies in the names and details across multiple documents. If there are differences, further documentation (e.g., a marriage certificate) may be required to explain them.
   • Feel the texture of the documents; authentic documents generally have a distinctive look and feel. Employers should become accustomed to these characteristics to help detect any forgery.
4. Check for Work Restrictions: Employers need to ensure that there are no restrictions on the type of work or the number of hours the individual can work, particularly for non-UK nationals with time-limited visas. For student visa holders, check their eligibility to work and the number of hours allowed during term time.
5. Take and Retain Copies of the Documents:
   • Create clear and readable duplicates of the original documents. For passports, replicate the page with personal information that includes the expiration date, nationality, birth date, and any visa stamps.
   • Label the copies with the date when the check was performed. Copies must be stored in a secure and tamper-proof format, such as a PDF or photocopy.
   • Employers must retain these documents for the duration of a person’s employment and for an extra two years following the termination of their employment.

6. Record-Keeping and Statutory Excuse: Proper record-keeping is vital to establish a statutory excuse. Employers must:
   • Document the date when the check was performed. This can be noted on the document copies or in a secure, distinct log. Make sure to store the copies securely to protect confidentiality and adhere to data protection regulations.
7. Rejecting Fraudulent or Inadequate Documentation: Employers are not expected to be document experts but must act reasonably. If the presented documents do not look genuine or do not belong to the individual, employers must not accept them. For instance:
   • Reject documents where the photograph does not resemble the individual.
   • Reject documents that appear damaged or tampered with.
   • Employers are required to assess whether any discrepancies in documents are reasonably apparent.

Record Keeping and Document Retention Guide

Proper record keeping and document retention are critical components of compliance with the Right to Work regulations. Employers must ensure that they meticulously document each step of the verification process to establish a statutory excuse. Below is a comprehensive guide on how to manage these records effectively:

1. Make Legible Copies of Original Documents: Employers must make clear, legible copies of all documents provided by the employee as part of the Right to Work Check. These copies serve as evidence that the check was conducted correctly.
   • For passports, employers should copy any page with the expiry date, the personal details (e.g., nationality, date of birth, and photograph), and any visa endorsements.
   • For other types of documents, employers must copy both sides if the document has any relevant information on the reverse.
2. Annotations and Date Records: Every version of the document is required to have the date of the Right to Work Check noted. This can be done by either writing or stamping the date on the document itself. This note is crucial as it shows that the check was performed prior to the commencement of employment, which is required to establish a statutory excuse.
3. Retention Duration: Employers must keep these documents for as long as the individual is employed, plus an extra two years after their employment concludes. This obligation guarantees that records are accessible if the Home Office needs to verify compliance during an inspection or audit.
4. Format of Copies: Copies should be made in a format that cannot be easily altered. Acceptable formats include PDF scans or photocopies. Digital files must be stored securely, and access to these records should be restricted to authorised personnel only.
5. Data Protection Compliance: Employers are required to comply with data protection regulations when managing personal information, including the principles set out by the GDPR. Employees ought to be made aware of how their data is used, stored, and safeguarded, preferably through a privacy notice or data protection policy.
6. Store all records securely to prevent unauthorised access. Encrypt digital files and keep physical copies in locked cabinets.
7. Destruction of Records: After the retention period of two years post-employment, employers must securely destroy the copies of documents. Shredding physical copies and permanently deleting digital records is essential for compliance with data protection regulations.
8. Keeping Records Up-to-Date: Employers must ensure that records are updated when follow-up checks are conducted, particularly for employees with limited leave to remain. Each follow-up check should be recorded, and new copies of documents should be retained with an updated record of the check date.
9. Record Accessibility: In the event of an inspection by the Home Office, employers must be able to provide records of the Right to Work Checks promptly. Records should, therefore be easily accessible, either in a digital system that allows quick retrieval or in an organised filing system.

Using ID Verification Technology Providers (Digital Right to Work Checks)

Employers can utilize Identity Document Validation Technology (IDVT) to conduct Right to Work Checks for British and Irish citizens. This method involves partnering with approved Identity Service Providers (IDSPs), offering a streamlined and efficient solution for verifying an individual’s right to work while adhering to Home Office guidelines.

Role of Identity Service Providers (IDSPs)

Identity Service Providers (IDSPs) facilitate digital identity checks on behalf of employers, using ID validation technology. This process is particularly useful for verifying the identity of British and Irish nationals who hold a valid passport or Irish passport card. IDSPs act as intermediaries that authenticate the documentation presented by prospective employees, ensuring that employers comply with the statutory requirements for Right to Work Checks.

The statutory excuse against civil penalties can only be established if the checks are conducted in line with the Home Office guidance, which recommends that IDVT should meet a ‘Medium Level of Confidence’ as the minimum standard.

Employer Responsibilities

While IDSPs conduct the digital checks, the ultimate responsibility for compliance lies with the employer. Employers must ensure that they:

• Obtain a Valid IDVT Check: Only approved IDVT providers should be used by companies to conduct right-to-work checks. They often run checks to confirm the identity of the employee and verify that they have the right to work in the UK.
• Verify the Outcome: Employers will also need to verify the results and confirm that all details in the check match what the employer has initially provided to the company.
• Document and Retain Evidence: It is essential for employers to obtain evidence of the IDVT check from the IDSP. This documentation must be retained securely for the entire duration of the individual’s employment and for two years after they leave. This ensures that records are available if requested by the Home Office for compliance audits.
• Understand the Limitations: IDVT can only be used as part of a digital check and not for manual document-based checks or for the Home Office’s online service where a share code is required. Employers should not use IDSPs for manual checks involving physical documents, as these must be conducted in person by the employer.

Compliance with Home Office Guidance

In 2023, the Home Office issued updated guidance detailing the specific conditions under which Identity Document Service Providers (IDSPs) can be utilized. Employers should note that IDSPs are authorized to conduct digital Right to Work Checks exclusively for British and Irish citizens holding valid passports or passport cards. Companies are prohibited from delegating manual checks or online Employer Checking Service (ECS) checks to IDSPs. Adhering to this guidance is crucial to maintain a statutory defense against potential civil penalties if it is later discovered that an employee does not have the legal right to work.

Companies must verify that their chosen Identity Document Service Provider (IDSP) meets the standards outlined in the Home Office guidance. This includes achieving the recommended confidence level for identity verification and ensuring all checks are conducted accurately and securely.

Steps for Conducting an Online Right to Work Check

1. Obtain a Share Code from the Individual: The prospective employee must first provide a unique 9-character share code. This code is generated by the individual through the Home Office’s online system and is valid for 30 days. It authorises the employer to access the individual’s immigration status. The share code used for Right to Work checks will begin with the letter ‘W’. Share codes that start with other letters, such as ‘S’ or ‘R’, are not valid for Right to Work purposes.
2. Access the Home Office Online Checking Service: Go to the Home Office’s online system and select the option to “View a job applicant’s right to work details.” You will need the share code provided by the individual and their date of birth to proceed. This service can be accessed via the UK Government website, where it links directly to the immigration data held for each applicant.
3. Verify the Individual’s Details:
   • Photograph Check: The online check will generate a profile page that includes a photograph of the individual. Employers must ensure that the photograph matches the person presenting themselves for work.
   • Permission to Work: The result of the online check will indicate whether the individual has permission to work in the UK and if any specific restrictions apply (e.g., limited hours for students).
4. Meeting the Individual in Person: To complete the process, employers must meet the individual in person on their first day of employment to verify that the person presenting matches the photograph shown on the online profile. This step is critical in confirming the authenticity of the individual.
5. Retain Evidence of the Online Check: Employers are required to download and retain a copy of the profile page produced by the online verification process. This document acts as proof that the Right to Work Check was performed accurately. The record should contain:
   • The date of the check.
   • The name of the person conducting the check.
   • The time and date of meeting the individual in person, noted on the day they started work.
   • Copies of these records must be securely stored, either electronically or in hardcopy, and must be kept for the duration of employment and for two years after the individual leaves.

Key Compliance Points

• Statutory Excuse: Employers can only establish a statutory excuse if they access the details through the official online service link for “View a job applicant’s right to work details”. Viewing any other section or partial verification, such as only the migrant section, is insufficient.
• Verification and Security: Employers should verify that the share code provided starts with the correct letter and matches the identity details presented. Any discrepancy in the details could indicate an issue, and the employer must take reasonable steps to address these before employing the individual.
• Record Retention: Keep the results of the online check securely for the specified retention period. These records may be required by the Home Office for auditing purposes, and proper retention demonstrates compliance with immigration law.

What if Employee BRP is Expired Already?

The Home Office provided updated guidance in 2024 concerning the expiry of Biometric Residence Permits (BRPs). Even if a BRP shows an expiry date of 31 December 2024, employers should rely on the visa expiry date displayed in the online system rather than assuming the physical permit’s expiry date is final. This ensures that individuals whose visas extend beyond 2024 are not incorrectly barred from employment. In cases where an individual’s status truly expires on 31 December 2024, a new check must be conducted before that date to ensure continued eligibility to work.

Using the Home Office’s online checking service for Right to Work ensures a reliable verification of an individual’s legal status and eliminates the risks associated with physical documentation, such as forgery or outdated information. Employers who follow the correct procedure and retain appropriate evidence protect themselves from civil penalties and help maintain a compliant and legal workforce.

Using ID Verification Technology Providers (Digital Right to Work Checks)

Companies can opt to use Identity Document Validation Technology (IDVT) to perform Right to Work Checks specifically for British and Irish citizens. This approach involves partnering with accredited Identity Service Providers (IDSPs), offering an efficient and organized method to verify an individual’s employment eligibility while ensuring compliance with Home Office regulations.

Identity Service Providers (IDSPs) facilitate digital identity checks on behalf of employers, using ID validation technology. This process is particularly useful for verifying the identity of British and Irish nationals who hold a valid passport or Irish passport card. IDSPs act as intermediaries that authenticate the documentation presented by prospective employees, ensuring that employers comply with the statutory requirements for Right to Work Checks.

IDVT allows employers to carry out checks remotely, which is especially beneficial in reducing the administrative burden of manual checks and enhancing convenience. However, it is crucial that employers understand their responsibilities when using an IDSP. The statutory excuse against civil penalties can only be established if the checks are conducted in line with the Home Office guidance, which recommends that IDVT should meet a ‘Medium Level of Confidence’ as the minimum standard.

Employer Responsibilities

While IDSPs conduct the digital checks, the ultimate responsibility for compliance lies with the employer. Employers must ensure that they:

• Secure an Approved IDVT Verification: Companies need to obtain an IDVT check from a certified Identity Service Provider (IDSP). This verification should confirm the individual’s identity and validate their legal right to work in the UK.
• Review and Confirm Results: Employers must carefully examine the outcomes of the IDVT check to ensure the person has the necessary work permissions. It’s also important to verify that the identity information matches the individual presenting themselves for employment.
• Maintain and Secure Documentation: Companies should collect proof of the IDVT checks conducted by the IDSP. These records need to be safely stored throughout the employee’s period of employment and for two years following their departure. This practice ensures that documentation is readily available if the Home Office requests it for compliance audits.
• Understand the Limitations: IDVT can only be used as part of a digital check and not for manual document-based checks or for the Home Office’s online service where a share code is required. Employers should not use IDSPs for manual checks involving physical documents, as these must be conducted in person by the employer.

Compliance with Home Office Guidance

The Home Office’s updated guidance, released in 2023, specifies the contexts in which IDSPs can be used. Employers should be aware that IDSPs are permitted for digital Right to Work Checks exclusively for British and Irish citizens with valid passports or passport cards. Employers cannot delegate manual checks or online ECS (Employer Checking Service) checks to IDSPs. Compliance with this guidance is crucial to maintain a statutory excuse against any civil penalties in the event that a worker is later found not to have the correct right to work.

Employers must ensure that their chosen IDSP complies with the requirements set out in the Home Office guidance. This includes meeting the recommended confidence level for identity verification and ensuring that all checks are conducted accurately and securely.

How to Conduct an Online Right to Work Check Using Home Office Share Code

UK employers can employ the Home Office’s online checking service to confirm the Right to Work status of specific workers. This method is applicable for individuals who hold:

• A Biometric Residence Permit (BRP)
• A Biometric Residence Card (BRC)
• Pre-settled or settled status under the EU Settlement Scheme
• A Frontier Worker Permit (FWP)

Since 6 April 2022, holders of BRPs, BRCs, and FWPs must prove their eligibility to work exclusively through the Home Office’s online checking service. Physical versions of these documents are no longer acceptable proof, even if they indicate a valid expiry date. This change aims to increase the security and reliability of Right to Work Checks, ensuring up-to-date verification through the digital system.

Steps for Conducting an Online Right to Work Check

1. Obtain a Share Code from the Individual: The prospective employee must first provide a unique 9-character share code. This code is generated by the individual through the Home Office’s online system and is valid for 30 days. It authorises the employer to access the individual’s immigration status. The share code used for Right to Work checks will begin with the letter ‘W’. Share codes that start with other letters, such as ‘S’ or ‘R’, are not valid for Right to Work purposes.
2. Access the Home Office Online Checking Service: Go to the Home Office’s online system and select the option to “View a job applicant’s right to work details.” You will need the share code provided by the individual and their date of birth to proceed. This service can be accessed via the UK Government website, where it links directly to the immigration data held for each applicant.
3. Verify the Individual’s Details:

Photograph Check: The online check will generate a profile page that contains a picture of the individual. Employers are required to confirm that the photo corresponds to the person who is applying for the job.

Permission to Work: The result of the online check will indicate whether the individual has permission to work in the UK and if any specific restrictions apply (e.g., limited hours for students).

In-Person Verification on Start Date: To finalize the onboarding process, employers should meet the new hire face-to-face on their first day of work. This step is crucial to confirm that the person matches the photograph displayed on their online profile, thereby verifying their true identity.

Download and Retain Online Check Evidence: Companies must obtain and keep a copy of the profile page generated from the online Right to Work check. This document serves as proof that the check was conducted correctly. The record should include:

• The date the check was performed.
• The name of the individual who conducted the check.
• The time and date of the in-person meeting, noted on the employee’s start date.

Secure Storage of Records: Employers are required to store these documents securely, either electronically or in hard copy. These records must be maintained throughout the employee’s tenure and for two years after their departure from the company.

Key Compliance Points

• Statutory Excuse: Employers can only establish a statutory excuse if they access the details through the official online service link for “View a job applicant’s right to work details”. Viewing any other section or partial verification, such as only the migrant section, is insufficient.
• Verification and Security: Employers should verify that the share code provided starts with the correct letter and matches the identity details presented. Any discrepancy in the details could indicate an issue, and the employer must take reasonable steps to address these before employing the individual.
• Record Retention: Keep the results of the online check securely for the specified retention period. These records may be required by the Home Office for auditing purposes, and proper retention demonstrates compliance with immigration law.

Updates from 2024 Guidance

The Home Office provided updated guidance in 2024 concerning the expiry of Biometric Residence Permits (BRPs). Even if a BRP shows an expiry date of 31 December 2024, employers should rely on the visa expiry date displayed in the online system rather than assuming the physical permit’s expiry date is final. This ensures that individuals whose visas extend beyond 2024 are not incorrectly barred from employment. In cases where an individual’s status truly expires on 31 December 2024, a new check must be conducted before that date to ensure continued eligibility to work.

Using the Home Office’s online checking service for Right to Work ensures a reliable verification of an individual’s legal status and eliminates the risks associated with physical documentation, such as forgery or outdated information. Employers who follow the correct procedure and retain appropriate evidence protect themselves from civil penalties and help maintain a compliant and legal workforce.

Right to Work Check for eVisa Holders

eVisa holders can also use the Home Office’s share code system to prove their right to work in the UK. Following guidance issued by the Home Office in February 2023, specific conditions apply under which eVisa holders can generate a share code for their employer to verify their eligibility:

• The eVisa holder must be making an in-country eVisa application to remain in the UK.
• They should be using the UK Immigration: ID Check app as part of their application.
• No Existing Settled Status: The individual must not already have settled or pre-settled status, nor possess a frontier worker permit.
• Application Submission Timing: The application should have been submitted after 26 January 2023 but before the expiration of their current immigration permission.
• Awaiting a Decision: The person must be awaiting a decision on their application, administrative review, or appeal.

Conducting the eVisa Right to Work Check

1. Obtain a Share Code: The eVisa holder generates a share code, which is then provided to the employer. This share code authorises the employer to verify the individual’s immigration status directly through the Home Office’s online checking system.
2. Access the Home Office Online Service: The employer should access the “View a job applicant’s right to work details” section on the Home Office’s website, using the share code and the applicant’s date of birth to perform the check.
3. Verification of Identity: Similar to other online checks, the employer must verify that the photograph and details provided in the online system match the individual presenting for employment. This ensures that the person offering the share code is the same as the individual appearing for the job.
4. Validity of Statutory Excuse: If the eVisa check is conducted correctly, the employer can rely on a statutory excuse for six months after the date of the initial check. This statutory excuse is critical as it protects the employer from liability in the event the individual’s application is later denied.
5. Follow-Up Checks: Employers must carry out follow-up checks if the individual’s immigration status remains pending or as their eVisa reaches the expiry point. The statutory excuse can only be maintained by ensuring all follow-up checks are completed prior to any changes in the individual’s status.

Key Considerations for Employers

• No Need for Employer Checking Service (ECS): Unlike other applicants whose status might be unclear, eVisa holders using a share code do not require the employer to use the Employer Checking Service, provided they meet the conditions listed above. This can simplify the verification process for employers.
• Retaining Evidence: Employers must retain evidence of the check, including the share code and the date on which the check was performed. As with other Right to Work checks, the documentation must be stored securely for the duration of employment and for two years post-employment.
• Regular Updates and Guidance: Employers need to remain informed of updates in Home Office guidance, as the regulations governing eVisa and online checks are subject to change, particularly as the transition to digital visas continues.

Follow-Up Right to Work Checks

Right to Work Checks are not a one-time obligation; they must also be conducted on any existing employees whose permission to work in the UK is time-limited. Employers are required to carry out follow-up checks before the expiry of an employee’s current leave to remain, ensuring ongoing compliance and retaining their statutory excuse against liability.

Who Requires Follow-Up Checks?

Follow-up checks are required for employees with:

• Limited Leave to Remain: Employees who hold a time-limited visa under work routes (e.g., Skilled Worker visa) and have not yet applied for settled status. Employers must ensure that follow-up checks are carried out shortly before their current leave expires to retain their statutory excuse.
• Positive Verification Notice (PVN) from Employer Checking Service (ECS): If an employer relies on a PVN from the Home Office Employer Checking Service, they must carry out a follow-up check within six months, as PVNs are considered a time-limited statutory excuse. The six-month validity requires employers to be vigilant and conduct checks as the employee’s immigration status evolves.

Grace Period and Special Cases

For employees applying to extend their leave to remain, employers are granted a 28-day grace period after the expiry of their leave, during which they can retain the statutory excuse while awaiting a decision on their application. During this period, the employee can continue working, provided their application for further leave was submitted before the expiry of their previous visa. This grace period is critical for maintaining workforce continuity without incurring liability.

However, it is important to note that this 28-day grace period does not apply to new employees awaiting a decision on their initial application. For new hires, employers must wait until they receive confirmation from the ECS, typically in the form of a six-month PVN, before employment begins.

When to Stop Employment

If an employee’s permission to work has expired and they have not applied for further leave or the application has been refused, it is illegal to continue employing them. In such cases, the consequences for the employer can be severe, including:

• Civil Penalties: Fines of up to £20,000 per illegal worker.
• Criminal Prosecution: Employers found knowingly employing someone without the right to work may face criminal charges, which can result in unlimited fines or up to 5 years’ imprisonment.
• Loss of Sponsor Licence: For employers who sponsor workers under the Skilled Worker visa route, failure to comply with Right to Work requirements can lead to the suspension or revocation of their sponsor licence. This not only affects the individual in question but also any other sponsored workers, severely impacting the company’s operations.
• Reputational Damage: Non-compliance with Right to Work obligations can lead to serious reputational harm, including negative publicity, being listed on the Home Office’s civil penalty offender register, and loss of trust among stakeholders.

Maintaining Compliance

Employers must develop and maintain robust systems for monitoring visa expiry dates and scheduling follow-up checks. This can include:

• Automated Alerts: Using HR software or tracking systems that alert HR personnel well in advance of visa expiry dates, allowing enough time to conduct necessary follow-up checks.
• Regular Staff Training: Ensuring HR staff and those involved in recruitment are regularly trained on the latest Right to Work regulations and understand the importance of follow-up checks to retain statutory protection.

Maintaining Accurate Records: All follow-up checks must be documented thoroughly, and records must be retained for the duration of employment and an additional two years after the individual leaves. These records provide evidence of compliance in case of an audit by the Home Office.